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LESTER v. WILSON

No. 20524.

363 F.2d 824 (1966)

Junior Ray LESTER, Appellant, v. Lawrence E. WILSON, Warden, California State Prison, San Quentin, California, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 1, 1966.

Attorney(s) appearing for the Case

Junior Ray Lester, in pro. per.

Thomas C. Lynch, Atty. Gen., Robert R. Granucci, Deputy Atty. Gen., Jackson L. Smith, Deputy Atty. Gen., San Francisco, Cal., for appellee.

Before CHAMBERS, Circuit Judge, MADDEN, Judge of the Court of Claims, and HAMLEY, Circuit Judge.

HAMLEY, Circuit Judge.

Junior Ray Lester, in custody under a California state judgment of conviction and sentence entered on February 19, 1963, appeals from a district court order denying, without hearing, his application for a writ of habeas corpus.

Lester asserts that a tape-recorded confession was obtained while he was in police custody and without first advising him of his right to remain silent, and his right to retained or appointed counsel. Admission...

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