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THORESEN, III v. GOODWIN

No. 22977.

404 F.2d 338 (1968)

William E. THORESEN, III, Petitioner, v. The Honorable William GOODWIN, Respondent. Petition of WILLIAM E. THORESEN, III.

United States Court of Appeals Ninth Circuit.

June 10, 1968.

Attorney(s) appearing for the Case

John P. Frank, Lewis, Roca, Beauchamp & Linton, Phoenix, Ariz., for appellant.

Cecil F. Poole, U. S. Atty., Jerrold M. Ladar, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before MERRILL, KOELSCH and BROWNING, Circuit Judges.

ORDER

PER CURIAM.

Petitioner is lawfully in custody charged with a federal crime and awaiting trial upon that charge. The validity of the Maine conviction may relate to the question of guilt of the federal charge but it does not affect the legality of petitioner's being held to answer to the charge. Trial, and not habeas corpus, is the appropriate manner of resolving the issue of guilt of the federal crime and subordinate issues relating to elements of the...

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