Opinion
No. 72-2218.
December 20, 1972.
Crawford Martin, Atty. Gen., Lonny F. Zwiener, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.
William F. Walsh, Bobby H. Caldwell, Charles A. Keilin, Arthur J. Mandell, Bennett Stokes, Houston, Tex., for petitioner-appellee.
Appeal from the United States District Court for the Southern District of Texas; Carl O. Bue, Jr., Judge.
Before WISDOM, BELL and COLEMAN, Circuit Judges.
On the ground that Lee Otis Johnson had been denied a fair and impartial trial in a Texas state court, the United States District Court, 337 F. Supp. 1371, granted habeas corpus relief. Of course, Texas has the option of trying Johnson again.
Upon briefs and oral argument, the judgment of the District Court is
Affirmed.