George G. Reyes v. George J. Beto, Director, Texas Department of Corrections

By this appeal from the District Court’s denial of Reyes’ petition for habeas corpus, the Texas practice of permitting the reading to the jury of the indictment allegations of prior felony convictions in a prosecution under the Texas Habitual Offender Statute, Texas Penal Code art. 63, is asserted to be a denial of due process. This presents nothing different from, and is therefore governed by, the decision of this Court in Breen v. Beto, 5 Cir., 1965, 341 F.2d 96, and Reed v. Beto, 5 Cir., 1965, 343 F.2d 723, which followed Breen in holding that this did not amount to such a violation.…