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OLIVER v. AMIOTTE

No. 21405.

382 F.2d 987 (1967)

Arthur L. OLIVER, Appellant, v. Raymond Edward AMIOTTE, Appellee.

United States Court of Appeals Ninth Circuit.

September 19, 1967.

Attorney(s) appearing for the Case

Thomas C. Lynch, Atty. Gen., Daniel Kremer, Deputy Atty. Gen., Sacramento, Cal., for appellant.

Nathaniel Colley, Sacramento, Cal., for appellee.

Raymond E. Amiotte, in pro. per.

Before HAMLEY, JERTBERG and ELY, Circuit Judges.

PER CURIAM:

This is a habeas corpus proceeding instituted in the federal district court by Raymond Edward Amiotte, a California state prisoner. The court, after hearing, granted the application and ordered Amiotte's discharge from custody unless the state granted him a new trial within thirty days. The warden, Arthur L. Oliver, appealed. The district court thereupon stayed the order of discharge pending disposition of the appeal.

On February 16, 1962, Amiotte...

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