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DUFFY v. WELLS

No. 13083.

201 F.2d 503 (1952)

DUFFY, Warden, et al. v. WELLS.

United States Court of Appeals Ninth Circuit.

Rehearing Denied February 19, 1953.

Attorney(s) appearing for the Case

Edmund G. Brown, Atty. Gen. of California, Clarence A. Linn, Asst. Atty. Gen., of California, for appellant.

C. K. Curtright, Philip C. Wilkins, Sacramento, Cal., and Charles R. Garry, San Francisco, Cal., for appellee.

Before DENMAN, Chief Judge, and ORR and POPE, Circuit Judges.

DENMAN, Chief Judge.

This is an appeal from a judgment, 99 F.Supp. 320, granted on an order to show cause in a habeas corpus proceeding, as follows: "It Is Hereby Ordered, Adjudged and Decreed that the death sentence imposed upon petitioner Wesley Robert Wells is invalid under the Fourteenth Amendment to the Constitution of the United States, and the order imposing the death sentence by the Superior Court of the State of California...

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