496 F2d 531 Young v. W J Estelle

496 F.2d 531

Charlie Albert YOUNG, Petitioner-Appellant,
v.
W. J. ESTELLE, Director, Texas Department of Corrections,
Respondent-Appellee.

No. 74-1146.

United States Court of Appeals, Fifth Circuit.

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:

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1

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.

2

Vacated and remanded with directions.