WILSON v. BLABON

No. 20976.

370 F.2d 997 (1967)

Lawrence E. WILSON, Warden California State Prison, San Quentin, Appellant, v. Donald Lee BLABON, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied February 20, 1967.


Attorney(s) appearing for the Case

Thomas C. Lynch, Atty. Gen., of Cal., Albert W. Harris, Jr., Asst. Atty. Gen., Derald E. Granberg, Deputy Atty. Gen., San Francisco, Cal., for appellant.

Ralph C. Walker, San Francisco, Cal., for appellee.

Before HAMLEY and ELY, Circuit Judges, and MATHES, District Judge.


MATHES, District Judge:

The Warden of the California State Prison at San Quentin appeals from a judgment of the District Court granting appellee's petition for a Writ of Habeas Corpus and ordering him discharged from custody, subject to the condition that custody be retained until termination of any appeal, or until expiration of appellant's time to appeal.

In language of single plain meaning, the Congress has declared that:

"The [Federal] writ of...

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