Jesse Luna v. Dr. George J. Beto, Director, Texas Department of Corrections

In our original opinion we had referred to the opinion of the Court of Criminal Appeals of Texas1 with the statement

“That opinion details how Gober was the principal witness for the State and his testimony as to effecting the sale was corroborated by officers High-tower and McMannes, who observed him from a distance with field glasses.”

Luna v. Beto, 5th Cir. 1967, 391 F.2d 329. The central connection of Gober with Luna’s conviction is of such importance that I now quote the facts as succinctly stated by the Texas Court:

“The offense is the sale of heroin; the punishment, 25 years.

“The count of…