Eugene F. Earin v. Dr. George J. Beto, Director, Texas Department of Corrections

This appeal is taken from an order of the district court denying the habeas corpus petition of a Texas state prisoner. We affirm. 1

Appellant was convicted on his plea of guilty to a charge of assault with intent to rape. The statute under which he was convicted, Article 1162, Vernon’s Ann. Texas Penal Code, provides for a sentence of any term of years not less than two but specifies no maximum term of imprisonment. Appellant was sentenced to 40 years imprisonment.

Appellant’s habeas corpus petition asserted three grounds for relief: (i) that appellant’s guilty plea was made in fear of the…