MIHAILOVIKI v. STATE OF CALIFORNIA

No. 20729.

364 F.2d 808 (1966)

N. E. MIHAILOVIKI, Appellant, v. STATE OF CALIFORNIA, Appellee.

United States Court of Appeals Ninth Circuit.

July 27, 1966.


Attorney(s) appearing for the Case

N. E. Mihailoviki, in pro. per.

Thomas C. Lynch, Atty. Gen., William E. James, Asst. Atty. Gen., Jack K. Weber, Deputy Atty. Gen., Los Angeles, Cal., for appellee.

Before JOHNSEN, BARNES and HAMLEY, Circuit Judges.


PER CURIAM:

Appellant, a state prisoner charged with rape, was convicted of attempted rape, a necessarily included lesser offense. He was sentenced on July 16, 1963. He appeals from the denial of his petition for a writ of habeas corpus.

His notice of appeal was filed untimely, but we can and do deem his request for a certificate of probable cause and for leave to file his appeal in forma pauperis as timely notice of appeal.

Appellant asserts he is...

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