MALDONADO v. EYMAN

No. 21430.

377 F.2d 526 (1967)

Ernest Paul MALDONADO, Appellant, v. Frank A. EYMAN, Warden, Arizona State Prison, Appellee.

United States Court of Appeals Ninth Circuit.

April 21, 1967.


Attorney(s) appearing for the Case

Ernest P. Maldonado, appellant, in pro. per.

Darrell F. Smith, Atty. Gen. of Ariz., James S. Tegart, Asst. Atty. Gen., Phoenix, Ariz., for appellee.

Before POPE, MERRILL and BROWNING, Circuit Judges.


MERRILL, Circuit Judge:

Appellant seeks release on habeas corpus from Arizona state custody pursuant to state conviction of the crime of burglary. He has appealed from the order of the District Court denying the writ without issuing an order to show cause or holding an evidentiary hearing. Two issues are presented by this appeal.

1. Appellant contends that the delays between arrest, on March 8, 1961, and arraignment, on May 26, 1961, 79 days, and between arraignment...

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