496 F2d 531 Young v. W J Estelle
496 F.2d 531
Charlie Albert YOUNG, Petitioner-Appellant,
W. J. ESTELLE, Director, Texas Department of Corrections,
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.
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.