Charlie Albert Young, Petitioner-appellant, v. W. J. Estelle, Director, Texas Department of Corrections,respondent-appellee, 496 F.2d 531 (5th Cir. 1974)

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US Court of Appeals for the Fifth Circuit - 496 F.2d 531 (5th Cir. 1974) June 26, 1974

Appeal from the United States District Court for the Northern District of Texas; William M. Taylor, Jr., Chief Judge.

James H. Randals, Staff Counsel for Inmates, Tex. Dept. of Corrections, Huntsville, Tex., for petitioner-appellant.

Max P. Flusche, Jr., Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before BROWN, Chief Judge, and RIVES and DYER, Circuit Judges.

PER CURIAM:


Upon consideration of the briefs and oral arguments in this appeal, we conclude that the record developed in the state post-conviction proceedings was insufficient to support the denial of federal habeas corpus relief without a hearing. Therefore the judgment of the district court is vacated and the cause remanded with directions to hold an evidentiary hearing.

Vacated and remanded with directions.

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