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SMILEY v. WILSON

No. 21134.

378 F.2d 144 (1967)

Richard E. SMILEY, Petitioner and Appellant, v. Lawrence E. WILSON, Warden, California State Prison, San Quentin, California, Respondent and Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 17, 1967.

Attorney(s) appearing for the Case

Richard E. Smiley, in pro. per.

Thomas C. Lynch, Atty. Gen., State of California, Robert R. Granucci, John T. Murphy, Deputy Attys. Gen., San Francisco, Cal., for appellee.

Before HAMLEY and MERRILL, Circuit Judges, and BYRNE, District Judge.

HAMLEY, Circuit Judge.

Richard E. Smiley, in California penal custody under three independent judgments and sentences, filed three applications for writs of habeas corpus attacking these judgments and sentences. The three applications were consolidated in one district court proceeding. An order to show cause was issued, the warden filed a return thereto, and Smiley, proceeding pro se, filed a traverse. Thereafter, and without...

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