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LEE OTIS JOHNSON, PETITIONER-APPELLEE, v. DR. GEORGE J. BETO, DIRECTOR, TEXAS DEPARTMENT OF CORRECTIONS, RESPONDENT-APPELLANT.

PER CURIAM:

On the ground that Lee Otis Johnson had been denied a fair and impartial trial in a Texas state court, the United States District Court, 337 F. Supp. 1371, granted habeas corpus relief. Of course, Texas has the option of trying Johnson again.

Upon briefs and oral argument, the judgment of the District Court is

Affirmed.

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JOHNSON v. BETO
(Dec 20, 1972)