Glenn Dale Atkins v. H. E. Moore, Warden, the Texas State Penitentiary, Huntsville, Texas

Petitioner below, appellant here, a prisoner in custody under a state court sentence, sought habeas corpus relief therefrom. The district judge denied the petition and also refused to issue a certificate of probable cause, and the ap-pellee, through the Attorney General of the State of Texas, has moved to dismiss the appeal on the ground that, in the absence of a certificate of probable cause as required by Section 2253, Title 28 U.S. C.A., this Court is without jurisdiction to entertain the appeal.

When this case was here before we found that the record was barren of any showing that there…