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SMITH v. WILSON

No. 21133.

371 F.2d 681 (1967)

Virgil Lee SMITH, Appellant, v. Lawrence E. WILSON, Warden, California State Prison, Tamal, California, Appellee.

United States Court of Appeals Ninth Circuit.

January 18, 1967.

Attorney(s) appearing for the Case

Virgil Lee Smith, in pro. per.

Thomas C. Lynch, Atty. Gen. of Cal., Robert R. Granucci, Karl S. Mayer, Deputy Attys. Gen., San Francisco, Cal., for appellee.

Before HAMLIN, BROWNING and ELY, Circuit Judges.

HAMLIN, Circuit Judge.

This is an appeal from an order of the United States District Court for the Northern District of California, Southern Division, dated July 29, 1965, denying appellant's petition for a writ of habeas corpus. The district court did not issue an order to show cause nor did it hold a hearing.

Appellant has been convicted three times — on February 24, 1953, October 21, 1957, and December 3...

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