From Casetext: Smarter Legal Research

Johnson v. Beto

United States Court of Appeals, Fifth Circuit
Oct 9, 1967
383 F.2d 544 (5th Cir. 1967)

Opinion

No. 24629.

October 9, 1967.

Grady Johnson, Jr., pro se.

Robert E. Owen, Asst. Atty. Gen., Austin, Tex., for appellee.

Before BELL, COLEMAN and GODBOLD, Circuit Judges.


Appellant was convicted in the Texas state courts of unlawful possession of marijuana. His conviction was affirmed on appeal. Johnson v. State of Texas, Tex.Cr.App., 1965, 397 S.W.2d 441. Having exhausted his state remedies, he sought a writ of habeas corpus in the district court. The court dismissed the petition without a hearing on the basis of the certified record made at the state trial court. That record makes it plain that the arrest and subsequent search of appellant were lawful. The contraband was admissible in evidence.

Affirmed.


Summaries of

Johnson v. Beto

United States Court of Appeals, Fifth Circuit
Oct 9, 1967
383 F.2d 544 (5th Cir. 1967)
Case details for

Johnson v. Beto

Case Details

Full title:Grady JOHNSON, Jr., Appellant, v. Dr. George J. BETO, Director, Texas…

Court:United States Court of Appeals, Fifth Circuit

Date published: Oct 9, 1967

Citations

383 F.2d 544 (5th Cir. 1967)

Citing Cases

United States v. Jones

A search of his person and seizure of effects was incidental to such arrest and was reasonable. Johnson v.…