RAINSBERGER v. FOGLIANI

No. 21449.

380 F.2d 783 (1967)

Jack RAINSBERGER, Appellant, v. Jack FOGLIANI, Warden, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 4, 1967.


Attorney(s) appearing for the Case

Samuel S. Lionel, Las Vegas, Nev., for appellant.

Harvey Dickerson, Atty. Gen., C. B. Tapscott, Asst. Atty. Gen., Carson City, Nev., for appellee.

Before CHAMBERS, HAMLEY and MERRILL, Circuit Judges.


MERRILL, Circuit Judge.

Appellant is in custody of the warden of the Nevada State Penitentiary following conviction of first-degree murder. He seeks relief in habeas corpus. The writ was denied by the District Court without evidentiary hearing, and this appeal was taken.

Appellant, on June 9, 1959, pleaded guilty to a charge of murder. Nev.Rev. Stat. § 200.030 (1957) at the time provided that if one is "convicted...

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