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UNITED STATES v. FOGLIANI

No. 19267.

343 F.2d 43 (1965)

UNITED STATES of America ex rel. Joseph Miles WALKER, Appellant, v. Jack FOGLIANI, Warden of the Nevada State Penitentiary near Carson City, Nevada, Appellee.

United States Court of Appeals Ninth Circuit.

March 5, 1965.

Attorney(s) appearing for the Case

Leo P. Bergin, John Squire Drendel, Bradley & Drendel, Reno, Nev., for appellant.

Harvey Dickerson, Atty. Gen. of Nevada, Gabe Hoffenberg, Chief Deputy Atty. Gen. of Nevada, William J. Raggio, Dist. Atty., Washoe County, Nev., and Sp. Deputy Atty. Gen., Reno, Nev., for appellee.

Before POPE, HAMLEY and ELY, Circuit Judges.

ELY, Circuit Judge:

This appeal is from the District Court's order denying the appellant's application for a writ of habeas corpus. The application followed appellant's conviction, in a Nevada State District Court, of the crime of first degree murder, the assessment of the penalty of death, affirmance of the conviction by the three-judge Supreme Court of Nevada, with one judge dissenting (Walker v. State of Nevada, 78 Nev. 463,

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