ANTHONY v. FITZHARRIS

No. 21646.

389 F.2d 657 (1968)

Overton Thomas ANTHONY, Appellant, v. C. J. FITZHARRIS, Superintendent, et al., Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied March 4, 1968.


Attorney(s) appearing for the Case

Overton Thomas Anthony in pro. per.

Thomas Lynch, Atty. Gen., of the State of Cal., Robert Granucci, Deputy Atty. Gen., Jerome C. Utz, San Francisco, Cal., for appellees.

Before HAMLIN, JERTBERG and DUNIWAY, Circuit Judges.


HAMLIN, Circuit Judge:

Overton Thomas Anthony, appellant herein, was charged in an information filed in the Superior Court of the State of California in and for the County of Los Angeles with two counts of kidnapping, two counts of forcible rape, and two counts of aiding and abetting forcible rape.

On March 31, 1964, while represented by counsel, appellant entered a plea of guilty to Count III (forcible rape) of the information. Prior to the entry of this...

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