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MILLER v. EKLUND

No. 20365.

364 F.2d 976 (1966)

Glenn Roy MILLER, Appellant, v. R. L. EKLUND, etc., et al., Appellee.

United States Court of Appeals Ninth Circuit.

August 8, 1966.

Attorney(s) appearing for the Case

Glenn Roy Miller, in pro. per.

Thomas C. Lynch, Atty. Gen., William E. James, Asst. Atty. Gen., James E. Kline, Deputy Atty. Gen., Los Angeles, Cal., for respondent.

Before CHAMBERS, MERRILL and DUNIWAY, Circuit Judges.

DUNIWAY, Circuit Judge:

On March 6, 1960, Miller was sentenced, following his conviction by a jury in California Superior Court, on two counts of armed robbery (Calif.Pen.Code § 211).1 He seeks habeas corpus. The trial court denied the writ without issuing an order to show cause and without a hearing.

I.

Unlawful arrest. Miller says that he was arrested without a warrant and without probable cause. "The arresting...

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