McCutcheon v. Beto

*143MEMORANDUM AND ORDER.

H ANN AY, District Judge.

This Petitioner for federal habeas corpus relief, Title 28, U.S.C.A. Section 2241 et seq., is presently in the custody of the State of Texas under a life sentence. The conviction was for assault with intent to rob and as an habitual criminal. Article 63, Texas Penal Code. Petitioner was convicted in the Criminal District Court of Harris County, Texas in March of 1962. The conviction was affirmed by the Texas Court of Criminal Appeals in McCutcheon v. Texas, 363 S.W.2d 457. The case was tried by a jury on Petitioner’s plea of not guilty. Petitioner…