WILSON v. ROSE

No. 20250.

366 F.2d 611 (1966)

Lawrence E. WILSON, Warden San Quentin State Prison, Appellant, v. Glenn ROSE, Appellee.

United States Court of Appeals Ninth Circuit.

September 12, 1966.


Attorney(s) appearing for the Case

Thomas C. Lynch, Atty. Gen. of Cal., Robt. R. Granucci, Michael J. Phelan, Deputy Attys. Gen., San Francisco, Cal., for appellant.

Lin B. Densmore, San Francisco, Cal., for appellee.

Before CHAMBERS, KOELSCH and BROWNING, Circuit Judges.


BROWNING, Circuit Judge, announced the judgment of the Court in an opinion which sets forth his individual views:

The Warden of San Quentin Penitentiary appeals from an order of the district court setting aside appellee's State conviction on the ground that it was obtained in violation of the Due Process Clause of the Fourteenth Amendment. We affirm.

Appellee's petition for habeas corpus challenged his conviction upon the ground that he did not have effective...

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