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WILSON v. HARRIS

No. 19937.

351 F.2d 840 (1965)

Lawrence E. WILSON, Warden, San Quentin Prison, Appellant, v. Fred R. HARRIS, Appellee.

United States Court of Appeals Ninth Circuit.

October 19, 1965.

Attorney(s) appearing for the Case

Thomas C. Lynch, Atty. Gen. of Cal., Albert W. Harris, Jr., Deputy Atty. Gen., Michael R. Marron, Deputy Atty. Gen., San Francisco, Cal., for appellant.

N. Rommel Bondoc, San Francisco, Cal., for appellee.

Before HAMLEY, JERTBERG and MERRILL, Circuit Judges.

JERTBERG, Circuit Judge:

Appellee is in state custody serving a prison sentence imposed on April 23, 1954 by the Superior Court of the State of California in and for the County of Santa Clara, following his plea of guilty to a charge of armed robbery in violation of Section 211 of the Penal Code of the State of California, and also charging a prior felony conviction in the State of New Mexico for issuing bad checks.

Appellee did not appeal to the reviewing...

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