Lynwood O'neal, Jr. v. Dr. George J. Beto, Director, Texas Department of Corrections

TUTTLE, Circuit Judge.

Director of the Texas Department of Corrections appeals from the grant of a writ of habeas corpus setting aside the conviction of the appellee, Lynwood O’Neal, Jr., on the ground that during his state court trial there had been admitted in evidence articles of clothing taken from him at a time when he was held under an illegal arrest.

The district court in the federal habeas corpus proceedings found that the appellee was picked up or arrested without what could reasonably amount to probable cause, and charged with the offense of “vagrancy,” a charge which the trial court…