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WILSON v. PORTER

No. 20490.

361 F.2d 412 (1966)

Lawrence E. WILSON, Warden, Appellant, v. William Eugene PORTER, Appellee.

United States Court of Appeals Ninth Circuit.

May 3, 1966.

Attorney(s) appearing for the Case

Thomas C. Lynch, Atty. Gen. of California, Robert R. Granucci, Michael J. Phelan, Deputy Attys. Gen., San Francisco, Cal., for appellant.

Dean L. Bender, San Francisco, Cal., for appellee.

Before CHAMBERS, Circuit Judge, MADDEN, Judge of the Court of Claims, and HAMLEY, Circuit Judge.

MADDEN, Judge:

This is an appeal by the warden of the California State Prison at San Quentin from an order of the district court granting appellee's application for a writ of habeas corpus and impliedly invalidating the state court judgment of conviction under which appellee was being held in appellant's custody.1

On May 11, 1961, appellee was convicted by a California court sitting without...

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