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PIKE v. DICKSON

No. 18470.

323 F.2d 856 (1963)

Charley Luther PIKE, Appellant, v. Fred R. DICKSON, Warden, California State Prison, San Quentin, California, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied November 22, 1963.

Attorney(s) appearing for the Case

Henry A. Dietz, Saratoga, Cal., for appellant.

Stanley Mosk, Atty. Gen., of California; Albert W. Harris, Jr., Robert R. Granucci, Deputy Attys. Gen., San Francisco, Cal., for appellee.

Before POPE, HAMLEY and DUNIWAY, Circuit Judges.

POPE, Circuit Judge.

The appellant Charley Luther Pike, convicted of first degree murder in a California Superior Court and sentenced to death, filed in the court below his petition for writ of habeas corpus alleging that his sentence of death was the result of proceedings in the State court which had denied him due process of law. No question is raised as to the appellant having exhausted his State remedies in the light of the decision in Fay v. Noia,

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