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IMBLER v. OLIVER

No. 21683.

397 F.2d 277 (1968)

Paul K. IMBLER, Appellant, v. Arthur L. OLIVER, Warden, California State Prison at Folsom, Appellee.

United States Court of Appeals Ninth Circuit.

July 17, 1968.

Attorney(s) appearing for the Case

Roger S. Hanson (argued), Woodland Hills, Cal., for appellant.

Thomas C. Lynch, Atty. Gen. of California, Ensel W. Haws, Charles P. Just (argued), Deputy Attys. Gen., Sacramento, Cal., for appellee.

Before DUNIWAY and ELY, Circuit Judges, and BOLDT, District Judge.

DUNIWAY, Circuit Judge:

Imbler's petition for a writ of habeas corpus was denied by the District Court without a hearing. The sole ground was that the petition was premature. The factual basis for the ruling can be briefly stated: On September 4, 1958, Imbler was convicted in the Superior Court, Orange County, California, of grand theft (Cal.Pen.C. §§ 484, 487) and sentenced for the term prescribed by law, maximum 10 years. He is still serving that sentence...

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