McCLAIN v. WILSON

No. 20831.

370 F.2d 369 (1966)

James David McCLAIN, Appellant, v. Lawrence E. WILSON, Warden, Appellee.

United States Court of Appeals Ninth Circuit.

December 27, 1966.


Attorney(s) appearing for the Case

James David McClain, in pro. per.

Thomas C. Lynch, Atty. Gen. of Cal., Robert R. Granucci, Frank C. Damrell, Jr., Deputy Attys. Gen., San Francisco, Cal., for appellee.

Before HAMLIN, MERRILL and DUNIWAY, Circuit Judges.


PER CURIAM:

On this appeal from denial of habeas corpus the error assigned is that evidence, secured by search of appellant's residence and automobile, was improperly received in evidence in appellant's trial in the state court, since the search was without warrant and the arrest of appellant which preceded it was without warrant or probable cause.

The District Court ruled that since, under Linkletter v. Walker, 381 U.S. 618

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