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WILSON v. ANDERSON

No. 20977.

379 F.2d 330 (1967)

Lawrence E. WILSON, Warden, San Quentin Prison, Appellant, v. William A. ANDERSON, Appellee.

United States Court of Appeals Ninth Circuit.

June 16, 1967.

Attorney(s) appearing for the Case

Thomas C. Lynch, Atty. Gen., Albert W. Harris, Jr., Asst. Atty. Gen., Louise H. Renne, Robert R. Granucci, Deputy Attys. Gen., San Francisco, Cal., for appellant.

John H. Sears, San Francisco, Cal., for appellee.

Before MADDEN, Judge, Court of Claims, and DUNIWAY and ELY, Circuit Judges.

DUNIWAY, Circuit Judge:

Anderson was convicted in California Superior Court of the crime of forgery, Cal.Pen.C. § 470. His conviction was affirmed by the California District Court of Appeal. He then sought release by habeas corpus in the United States District Court. Anderson was tried before the decision in Griffin v. State of California, 1965, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106. The trial judge instructed the jury that...

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