FLEMINGS v. WILSON

No. 20478.

365 F.2d 267 (1966)

James Edward FLEMINGS, Appellant, v. Lawrence E. WILSON, Warden, California State Prison, San Quentin, California, et al., Appellees.

United States Court of Appeals Ninth Circuit.

June 30, 1966.


Attorney(s) appearing for the Case

James E. Flemings, in pro. per.

Thomas C. Lynch, Att. Gen., Robert R. Granucci, and Charles W. Rumph, Deputy Attys. Gen., San Francisco, Cal., for appellees.

Before MERRILL, BROWNING and DUNIWAY, Circuit Judges.


PER CURIAM:

We agree with the District Court that of the grounds upon which appellant relies in seeking discharge in habeas corpus the only one presenting a Constitutional issue is his contention that an incriminating statement was used against him contrary to Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1964) and that the rule of that case should be retroactively applied to his trial. Johnson v. New Jersey...

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