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DAVIS v. PEOPLE OF STATE OF CALIFORNIA

No. 19358.

341 F.2d 982 (1965)

James DAVIS, Appellant, v. PEOPLE OF the STATE OF CALIFORNIA and Robert A. Heinze, Warden, Folsom Prison, Represa, California, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied March 26, 1965.

Attorney(s) appearing for the Case

John Alan Montag, Los Angeles, Cal., for appellant.

Thomas C. Lynch, Atty. Gen. of California, Doris H. Maier, Asst. Atty. Gen. of California, Sacramento, Cal., for appellees.

Before POPE, HAMLEY and ELY, Circuit Judges.

HAMLEY, Circuit Judge:

James Davis, a California state prisoner, applied to the district court for a writ of habeas corpus.1 The detention complained of results from a state court conviction, after a trial without a jury, of the crime of possession of a narcotic, heroin, in violation of California Health and Safety Code, § 11500.2

The district court, on its own motion and without hearing, denied...

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