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CHOATE v. WILSON

No. 20582.

363 F.2d 543 (1966)

Robert Harrison CHOATE, Appellant, v. Lawrence E. WILSON, Warden of the California State Prison, San Quentin, California, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 3, 1966.

Attorney(s) appearing for the Case

Robert Harrison Choate, in pro. per.

Thomas C. Lynch, Atty. Gen., Robert R. Granucci, Charles W. Rumph, Deputy Attys. Gen., San Francisco, Cal., for appellee.

Before HAMLEY and JERTBERG, Circuit Judges, and THOMPSON, District Judge.

JERTBERG, Circuit Judge:

Before us is an appeal from an order of the District Court denying appellant's petition for writ of habeas corpus.

Following trial by jury, appellant was convicted in the Superior Court of the State of California, in and for the County of San Bernardino, of the offense of second degree murder, in violation of Section 187 of the Penal Code of the State of California.

On September 26, 1962, he was sentenced to imprisonment in...

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