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SMITH v. WILSON

No. 20496.

373 F.2d 504 (1967)

Howard SMITH, Appellant, v. Lawrence WILSON, Warden, etc., Appellee.

United States Court of Appeals Ninth Circuit.

February 13, 1967.

Attorney(s) appearing for the Case

Howard Smith, in pro. per.

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

Before MERRILL and DUNIWAY, Circuit Judges, and CROCKER, District Judge.

DUNIWAY, Circuit Judge:

Smith pled guilty in California Superior Court to the crime of murder, Cal. Pen.Code § 187. The court fixed the degree as first degree, Cal.Pen.Code § 189, but sentenced him to life imprisonment rather than death, Cal.Pen.Code § 190. In his petition for habeas corpus, Smith urges: (1) That certain statements were obtained from him in violation of his federal constitutional rights, (2) that he did not have effective assistance...

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