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DICKSON v. CASTLE

No. 15375.

244 F.2d 665 (1957)

Fred M. DICKSON, Executive Superintendent of the California Institution for Men, Tehachapi, California, Appellant, v. Glenn CASTLE, Appellee.

United States Court of Appeals Ninth Circuit.

May 8, 1957.

Attorney(s) appearing for the Case

Edmund G. Brown, Atty. Gen., Clarence A. Linn, Asst. Atty. Gen., Arlo E. Smith, Deputy Atty. Gen., State of Cal., for appellant.

John Gelegan, Fresno, Cal., John A. Hooper, William I. Edlund, San Francisco, Cal., Glenn Castle, Los Angeles, Cal., in pro. per., for appellee.

Before DENMAN, Chief Judge, and STEPHENS and POPE, Circuit Judges, Circuit Judge Pope concurring specially.

DENMAN, Chief Judge.

Dickson, superintendent of the California state prison at Tehachapi, California, appeals from a judgment of the United States District Court for the Southern District of California, Northern Division, granting the application of Glenn Castle, appellee, a prisoner in said state prison, for a writ of habeas corpus.

It appears from the record that appellee on September 30, 1949, was charged in the Superior Court of the State of California...

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