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BATES v. WILSON

No. 21366.

385 F.2d 771 (1967)

Clyde BATES and Manuel Chavez, Appellants, v. Lawrence E. WILSON, Warden of San Quentin Prison, Appellee.

United States Court of Appeals Ninth Circuit.

November 20, 1967.

Attorney(s) appearing for the Case

Ruth Jacobs, San Francisco, Cal., for appellant Bates.

Norman Leonard, San Francisco, Cal., for appellant Chavez.

Thomas C. Lynch, Atty. Gen., San Francisco, Cal., for appellee.

Before BROWNING and ELY, Circuit Judges, and BELLONI, District Judge.

BELLONI, District Judge:

Manuel Joe Chavez and Clyde Bates, in state custody following convictions for murder and arson, appeal from an order denying their petitions for writs of habeas corpus. This court has jurisdiction under 28 U.S.C. § 2253.

On April 4, 1957, gasoline and lighted matches were thrown into a bar; six persons died, others were seriously injured.1 The indictment charged six counts of murder and one of arson...

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