WILSON v. REAGAN

No. 20247.

354 F.2d 45 (1965)

Lawrence E. WILSON, Warden, San Quentin Penitentiary, et al., Appellants, v. Howard REAGAN, Appellee.

United States Court of Appeals Ninth Circuit.

December 23, 1965.


Attorney(s) appearing for the Case

Thomas C. Lynch, Atty. Gen., Robert R. Granucci, Michael R. Marron, Deputy Attys. Gen., of California, San Francisco, Cal., for appellants.

Kenneth W. Rosenthal, San Francisco, Cal., for appellee.

Before POPE, DUNIWAY and ELY, Circuit Judges.


ELY, Circuit Judge:

This appeal is from an order of the District Court in which the appellee's Petition for Writ of Habeas Corpus was granted.

Appellee is a California state prisoner, confined pursuant to conviction and sentence by a California court for the California offense of armed robbery.

At the time of the commission of the offense and his arrest on August 1, 1958, appellee was 17 years of age, an age when he might have been treated as a juvenile...

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