489 F2d 1402 Carr v. W J Estelle 73-2890

489 F.2d 1402

Millard Dean CARR, Petitioner-Appellant,
W. J. ESTELLE, Director, Texas Department of Corrections,
No. 73-2890 Summary Calendar.*
*Rule 18, 5 Cir.; see Isbell Enterprises, Inc.
Citizens Casualty Company of New York et al., 5 Cir 1970,
431 F.2d 409, Part I.

United States Court of Appeals, Fifth Circuit.

March 1, 1974.

Millard Dean Carr, pro se.

John L. Hill, Atty. Gen., Austin, Tex., for respondent-appellee.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.


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Carr was found guilty in a Texas state jury trial of assault with intent to rape. The Texas Court of Criminal Appeals affirmed, 475 S.W.2d 755 (1972), appeal dismissed and cert. denied, 409 U.S. 1099, 93 S.Ct. 919, 34 L.Ed.2d 682. Carr appeals the district court's denial of his application for habeas corpus. The issues before us have been considered by the state court on direct appeal and in collateral proceedings. The district court had before it the trial transcript and the opinion of the Court of Criminal Appeals, and adopted that opinion in lieu of holding an evidentiary hearing. We have carefully reviewed the entire record and are satisfied that the issues raised are without merit.