John David Hay v. Dr. George J. Beto, Director, Texas Department of Corrections

The district court denied the appellant’s petition for a writ of habeas corpus on the grounds that he had failed to exhaust available state remedies. We vacate and remand.

Appellant Hay was convicted of burglary and sentenced to four years in the state penitentiary on September 19, 1967. This is the judgment of conviction which Hay is attacking in these proceedings.

In his habeas corpus petition the appellant alleges that he was illegally arrested without a warrant, that the police conducted illegal searches and seizures and that tainted evidence recovered as a result of the illegal searches…