D.H. Litton v. Dr. George J. Beto, Director, Texas Department of Corrections

This is an appeal from denial by the district court of a writ of habeas corpus to a Texas state convict without a hearing, and without findings of fact. We reverse and remand for an evidentiary hearing, following which the district court should make findings of fact and conclusions of law as provided by Rule 52(a), F.R.Civ.P.

The appellant, represented by counsel retained for him by his mother, was convicted by the Texas trial court upon a plea of guilty of assault with intent to rape, for which he received a twenty-year sentence on July 25, 1963. He has exhausted his state post-conviction…