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

HUTCHESON, Circuit Judge:

This is an appeal from an order 1 denying appellant’s application for release on habeas corpus from custody under a judgment of a state court. We approve and adopt the District Judge’s conclusion and the reasoning on which it is based.

Here, in addition to the contention argued by petitioner and rejected by the district judge, that he was denied due process of law in the state court because of discriminatory use by state authorities in enforcing the Texas Habitual Offenders Statute, 2 appellant argues that he was deprived of due process in that: under the procedure of…