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McGARRY v. FOGLIANI

No. 20498.

370 F.2d 42 (1966)

Clyde McGARRY, Appellant, v. Jack FOGLIANI, Warden, etc., Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 18, 1967.

Attorney(s) appearing for the Case

Clyde McGarry, in pro. per.

Harvey Dickerson, Atty. Gen. of Nevada, Donnell Richards, Asst. Atty. Gen., C. B. Tapscott, Chief Asst. Atty. Gen., Carson City, Nev., for appellee.

Before HAMLEY, BROWNING and DUNIWAY, Circuit Judges.

PER CURIAM:

Appellant seeks habeas corpus, attacking his conviction of grand larceny in a Nevada state court and his sentence as an habitual criminal under Nevada Rev. Stat. 207.010.1 He was charged, in an amended information, with five prior convictions.

He claims that the statute violates Article I, § 3 of the Nevada Constitution, which guarantees the right to trial by jury, and also the Sixth and Fourteenth Amendments to...

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