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PRICE v. JOHNSTON

No. 9820.

125 F.2d 806 (1942)

PRICE v. JOHNSTON, Warden.

Circuit Court of Appeals, Ninth Circuit.

February 11, 1942.

Attorney(s) appearing for the Case

Homer C. Price, in pro. per.

Frank J. Hennessy, U. S. Atty., and R. B. McMillan, and A. J. Zirpoli, Asst. U. S. Attys., all of San Francisco, Cal., for appellee.

Before GARRECHT, HANEY, and STEPHENS, Circuit Judges.

GARRECHT, Circuit Judge.

Homer C. Price filed a petition for writ of habeas corpus in the court below. As a basis for release on such writ he advanced two grounds:

(1) The residence of defendant-petitioner was subjected to an allegedly illegal search and his personal effects and papers were seized in violation of the Fourth Amendment to the Constitution of the United States, and the materials obtained as a result of such allegedly illegal search and seizure...

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