The State of Texas and Dr. George J. Beto, Director, Texas Department of Corrections v. Melvin Alexander Payton

SIMPSON, Circuit Judge:

We review on appeal a judgment of the District Court granting the Writ of Habeas Corpus upon the petition of Pay-ton, a State prisoner under sentence of death following his conviction of murder in the first degree, discharging him from the custody of the respondent, Dr. Beto, without prejudice to the right of the State of Texas to retry petitioner upon the indictment within sixty days form the date of judgment or within sixty days of final decision on appeal in event of appeal. We conclude that the writ was improvidently granted, reverse the District Court and remand…