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BRUBAKER v. DICKSON

No. 17583,

310 F.2d 30 (1962)

Charles Earl BRUBAKER, Appellant, v. Fred R. DICKSON, Warden of the California State Prison at San Quentin, California, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 20, 1962.

Attorney(s) appearing for the Case

Quentin Ogren, Benjamin Kagan, and Stanley E. Tobin, Los Angeles, Cal., Marshall W. Krause, San Francisco, Cal., for appellant.

Stanley Mosk, Atty. Gen. of California, John S. McInerny, Deputy Atty. Gen., and Arlo E. Smith, San Francisco, Cal., for appellee.

Before BARNES, JERTBERG and BROWNING, Circuit Judges.

BROWNING, Circuit Judge.

Appellant was convicted in the Superior Court of Los Angeles County of murder in the first degree. He was sentenced to death. After exhausting state remedies,1 appellant filed a petition for habeas corpus in the District Court. That court denied the petition after oral argument. Appellant then filed an identical petition in this Court. We declined to entertain it, transferring the application back to the District...

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