THE BATTALION Page 3 THURSDAY, SEPTEMBER 15, 1977 Lifer denied retrial United Press International AUSTIN — An Orange, Tex., i sentenced to life in prison for murder of a police captain lost bid for a new trial Wednesday en though evidence in the case owed the shot which killed the plain was fired by another officer. Clifford S. Blansett contended in appeal he should not be con ned of capital murder in connec- m with the June 29, 1974, jail- ak attempt at the Orange County Blansett and Billy Wayne Bow- n, armed with a shotgun and pis- 1, went to the jail in an effort to ;e Bowden’s brother. dr Force plane xplodes, crashes United Press International 1LBUQUE RQ U E, N. M . — A ir-engine EC 135 military cargo with 19 persons aboard exploded a huge ball of fire and crashed in ■ Manzano Mountains near Kirt- id Air Force Base Wednesday jit. A base spokesmen said there “some deaths. The spokes- said it was not known if there re any survivors from the crash ieh occurred shortly after the jet k off from the base. Capt. Dan Orrell, base informa- ion officer who confirmed the ish, said “everything (all rescue 1 fire equipment) we’ve got was patched to the crash scene. Witnesses said the plane crashed about 11:50 p.m., and the explo- lighted np the sky “like a small imic bomb. Sebastian Mirabal, supervisor in city fire department’s alarm )in, said he was told by' base offi- s "it was a cargo plane. There’s information on survivors. But it i a large cargo plane. ” Mirabal said he offered to dis- tch civilian fire rescue units to the ne, but was told the base would itact him if this was needed. Among persons witnessing the ish was Cliff Arbogast, a retired nmercial pilot, who said the ex- ision "looked like a small atomic mb — with a mushroom that hted up the sky. If anybody got it would be a chance in a mil- Arbogast said he was in his back- rd on Albuquerque’s east side len the crash occurred. Police Capt. Danny L. Gray was killed in a shooting spree inside the jail. Evidence showed Gray was killed by a shot fired by another officer. There was no evidence Blansett fired the shotgun he carried during the attempted breakout. The Court of Criminal Appeals Wednesday rejected Blansett’s ap peal, however, saying Blansett could be convicted of capital murder in the case because his intentional actions — going armed to the jail to attempt to free a prisoner — caused Gray’s death. In another case, the appellate court overturned the life sentence given John F. Gutierrez of Lubbock for his part in a July 12, 1975, jail- break. Gutierrez and a cell mate sawed through a support bar of their cell and used the bar and a knife to subdue a jailer, then freed eight other prisoners and escaped. Gutierrez was sentenced to life on the basis of two prior felony convic tions. The appellate court said a 1966 burglary conviction should not have, been used to enhance Gutier rez’s sentence, however, because it was for an offense committed before the conviction for a 1963 offense be came final. In other cases, the court: — Reversed the heroin convic tion of Shirley Harrison of Houston on grounds there was insufficient evidence to show she had any con nection with heroin found in her house during a police raid on Oct. 3, 1973. The court earlier had upheld the prison sentence given her hus band for the same offense. — Reversed the murder convic tion of Will Rains Jr. of Corpus Christi, who spent 14 years in prison before being released on parole in 1975. Rains contended he was indigent and did not have an attorney at the time he was sen tenced to 40 years in prison. Briscoe still confident United Press International AUSTIN — Gov. Dolph Briscoe said Wednesday the entry of former Gov. Preston Smith will not affect the outcome of the 1978 governor’s race, and predicted he will win the Democratic nomination without a runoff. Briscoe refused to respond to Smith’s allegations that he had been a “caretaker” governor, saying T’ve always tried to follow a policy of conducting campaigns in a positive majnner and not responding to polit ical charges. “It seems to me the people of this state expect those of use in office to act with decency, to act like ladies and gentleman, and to act with the same standards you find in other professions, Briscoe said. “ I am very proud of the record of this ad ministration to the people of this state.” Smith announced Tuesday he will challenge Briscoe for the Demo cratic nomination. Attorney General John Hill will formally announce his candidacy at a news conference Monday. Although many politicians think Smith’s entry into the race could as sure a runoff, Briscoe said he is con fident of victory. “Nothing has changed as far as that is concerned,’ he said. Asked if he expected to win the nomination to a third term without a runoff, the governor replied, “Yes, absolutely, no question about it. Briscoe said he has not encountered any opposition among voters to the prospect that election to a third term would give him 10 con secutive years as Texas’ chief execu tive. “I find stronger support for my administration and the policies of my administration than at any time, he said. The governor announced he has called special elections in three Texas districts Nov. 8 — the same date as a statewide election on seven proposed constitutional amend ments — to fill vacancies created by resignations in the House and Se nate. The vacancies were created by the resignation of Sen. Max Sher man, D-Amarillo, and Reps. Sarah Weddington, D-Austin, and Jim Kaster, D-El Paso. Filing deadline in each of the special elections will he Oct. 8. Briscoe declined to take a public stand on the question of whether children of illegal aliens should he admitted to attend public schools in Texas. He said legal actions involv ing that issue are now in courts, and said, “I think the proper thing to do at this time is wait and see the court decision.” Gas conservation) voted on by Senate United Press International WASHINGTON — The Sen ate has voted to nudge Ameri cans toward fuel-efficient homes, cars and offices, while rejecting any forced rationing of gasoline. By a 78-4 vote, the Senate Tuesday approved the conserva tion segment of President Car ter’s energy program; the third segment it has acted on. It had previously passed bills for the Department of Energy and hur ried industrial conversion to coal. Within the next few weeks, the Senate plans to act on re maining portions of the program: energy taxes, utility rate re forms, and natural gas pricing, all of which will then he com promised with the overall House energy bill. Carter’s plan to expand federal controls on natural gas prices hit a snag last Tuesday when the Se nate Energy Committee voted 15 to 2 to send his bill to the floor without endorsement. The Sen ate will consider the measure next week. In a direct confrontation be tween Carter backers and senators who want controls lifted, the committee tied 9 to 9 last Monday, and decided Tues day it was hopelessly deadlocked and should just send the bill, un amended and unendorsed, to the full Senate for debate and a deci sion. The conservation bill that Sen ate completed in a late night session Tuesday has a flat prohib ition against any 1980 model car getting fewer than 16 miles per gallon. The bill also would require utilitiy companies to help homeowners insulate homes and find financing for “weatheriz- ing,” set energy efficiency standards for home appliances, establish “van pools” similar to car pools for federal employes and demonstrate use of solar energy in federal buildings. Tuesday, the Senate rejected 73 to 15 a proposal by Sen. Dale Bumpers, D-Ark., to impose mandatory gasoline rationing. Bumpers wanted a system simi lar to the World War II system, but not as severe. His suggested goal would be a 10-percent sav ing in gasoline by 1980, but he would have left details to the President. ATTENTION PHI ETA SIGMA MEMBERS YOUR CERTIFICATES HAVE COME IN. YOU CAN PICK THEM UP TUESDAY SEPT. 20 OR WEDNESDAY SEPT. 21 be- TWEEN 5:00-7:00 P.M. IN THE MSC 1ST FLOOR. 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