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RISER v. TEETS

No. 15639.

253 F.2d 844 (1958)

Richard G. RISER, Appellant, v. Harley O. TEETS, Warden of the California State Prison at San Quentin, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied April 22, 1958.

Attorney(s) appearing for the Case

George T. Davis, San Francisco, Cal., Carl B. Shapiro, Fairfax, Cal., for appellant.

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

Before HEALY, ORR and POPE, Circuit Judges

HEALY, Circuit Judge.

Appellant was tried and convicted in a California court of the murder of two people — a man and his wife — and was sentenced to death. His defense was an alibi. Pursuant to a state statute, Pen. Code, § 1239(b) he was accorded an automatic appeal to the California Supreme Court, which tribunal affirmed the conviction. People v. Riser, 47 Cal.2d 566, 305 P.2d 1...

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