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BARNETT v. GLADDEN

No. 21164.

375 F.2d 235 (1967)

John H. BARNETT, Appellant, v. Clarence T. GLADDEN, Warden, Oregon State Penitentiary, Appellee.

United States Court of Appeals Ninth Circuit.

March 24, 1967.

Attorney(s) appearing for the Case

Ralph W. G. Wyckoff, John H. Barnett, Salem, Or., for appellant.

Robert Y. Thornton, Atty. Gen., David Blunt, Asst. Atty. Gen., Salem, Or., for appellee.

Before CHAMBERS, HAMLEY and MERRILL, Circuit Judges.

HAMLEY, Circuit Judge:

John H. Barnett, in Oregon penal custody, appeals from the denial of his application for a writ of habeas corpus. The only question presented is whether, under principles of double jeopardy, the prosecution and conviction which led to his present imprisonment deprived him of due process of law under the Fourteenth Amendment. The district court opinion and order is reported in 255 F.Supp. 450.

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