Turnbow v. Beto

MEMORANDUM OPINION

WOODWARD, District Judge.

Petitioner, James Faldón Turnbow, is in the custody of respondent pursuant to a judgment and sentence of the District Court of Hutchinson County, Texas, wherein petitioner was convicted on July 18, 1957, after a plea of not guilty, of the felony offense of rape. Punishment was assessed by the jury at confinement in the State Penitentiary for a term of not less than five years nor more than ninety-nine years. Although petitioner states that he appealed from the conviction in 1957, the record indicates that no appeal was taken. Petitioner apparently…