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TALBOT v. NELSON

No. 21631.

390 F.2d 801 (1967)

Dorman Fred TALBOT, Jr., Appellant, v. Louis E. NELSON, Warden, San Quentin Prison, Appellee. (Lawrence E. Wilson, former appellee.)

United States Court of Appeals Ninth Circuit.

As Amended January 17, 1968.

Rehearing Denied January 24, 1968.

Attorney(s) appearing for the Case

Patrick J. Sampson (argued), Claremont, Cal., Jerome B. Falk, San Francisco, Cal., for appellant.

Thomas C. Lynch, Atty. Gen., Edward P. O'Brien (argued), Deputy Atty. Gen., George R. Nock, Deputy Atty. Gen., San Francisco, Cal., for appellee.

Before CHAMBERS, JERTBERG and ELY, Circuit Judges.

CHAMBERS, Circuit Judge:

On March 12, 1965, Talbot brutally murdered Michael Bartholomew by hitting him with a wrench, which fractured his skull, and by stabbing him with a large knife. Bartholomew was just out of the military service with separation money in cash. The motive was to get the cash.

In due course, a Santa Barbara County state jury convicted Talbot of first degree murder and sentenced him to death. The California Supreme Court affirmed. People...

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