Court of Appeals for the Fifth Circuit July 1, 1976, 75-4178 (Billy George McCune v. W. J. Estelle, Director Texas Department of Corrections)

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PER CURIAM:

McCune appeals the dismissal of his habeas corpus petition by the district court. The main thrust of his argument is that he was mentally incompetent to stand trial when he was convicted for rape in 1950.

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We affirm.

McCune’s mental competency was not raised at trial, and the court therefore made no resolution of that issue.