James H. McNutt v. The State of Texas

PEE CUEIAM:

After a plenary evidentiary hearing by the trial court, at which petitioner was represented by court-appointed counsel, the petition of appellant (now in Texas State custody) for habeas corpus was denied. Petitioner appeared and testified at the hearing.

Appellant was convicted in a Texas state court in 1958 of statutory rape of a female under the age of eighteen years. The conviction was affirmed by the Texas Court of Criminal Appeals, 168 Tex.Cr.R. 27, 322 S.W.2d 622 and certiorari denied by the United States Supreme Court, 364 U.S. 924, 81 S.Ct. 290, 5 L.Ed. 2d 263. This court…