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BUTLER v. WILSON

No. 20540.

365 F.2d 308 (1966)

Oscar BUTLER, Jr., Petitioner-Appellant, v. Lawrence E. WILSON, Warden, California State Prison, San Quentin, California, Respondent-Appellee.

United States Court of Appeals Ninth Circuit.

August 24, 1966.

Attorney(s) appearing for the Case

Oscar Butler, in pro. per.

Thomas C. Lynch, Atty. Gen., Robert R. Granucci, Deputy Atty. Gen., Michael R. Marron, Deputy Atty. Gen., San Francisco, Cal., for appellee.

Before POPE, BARNES and ELY, Circuit Judges.

POPE, Circuit Judge.

Butler a state prisoner, in the custody of the appellee Warden, serving a sentence imposed by a California State court for the conviction of a charge of possession of heroin, sought habeas corpus in the United States District Court for the Northern District of California. He had made a belated attempt to appeal his original conviction but failed to file notice of appeal within the time required by the California rules relating thereto. However...

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