GRACE v. DICKSON

No. 17269.

294 F.2d 773 (1961)

James Benjamin GRACE, Joe Willie Johnson and Morriss Gerald Strain, Appellants, v. Fred R. DICKSON, Warden, San Quentin Prison, San Quentin, California, Appellee.

United States Court of Appeals Ninth Circuit.

September 13, 1961.


Attorney(s) appearing for the Case

Marshall W. Krause, Staff Counsel, A.C.L.U., San Francisco, Cal., for appellants.

Stanley Mosk, Atty. Gen., Arlo E. Smith, and John S. McInerny, Deputy Attys. Gen., for appellee.

Before CHAMBERS and MERRILL, Circuit Judges, and KILKENNY, District Judge.


PER CURIAM.

The order appealed from is affirmed.

The issue of whether Grace's confession in which he implicated himself and the other petitioners was a voluntary one was submitted to a state jury under instructions. The jury verdict necessarily found against petitioners' contentions. We cannot say as a matter of law the confession was involuntary or was obtained by means contravening due process.

There was a nine or ten day delay (no federal officers...

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