POOLE v. FITZHARRIS

No. 20925.

396 F.2d 544 (1968)

Moses POOLE, Appellant, v. Cletus J. FITZHARRIS, Superintendent, Appellee.

United States Court of Appeals Ninth Circuit.

June 12, 1968.


Attorney(s) appearing for the Case

Russell E. Parsons (argued), Los Angeles, Cal., for appellant.

Edward P. O'Brien (argued), Deputy Atty. Gen., William D. Stein, Deputy Atty. Gen., Thomas C. Lynch, Atty. Gen., Los Angeles, Cal., for appellee.

Before HAMLEY and ELY, Circuit Judges, and CRARY, District Judge.


ELY, Circuit Judge:

Appellant is a California state prisoner confined for an indeterminate period of five years to life under a conviction of the offense of first degree robbery. Cal. Pen.Code §§ 211, 211a, 213. The state preferred the original charge by information, and a preliminary hearing was conducted to determine the existence of probable cause for detention and subsequent trial. Cal.Pen.Code § 860. Counsel for the accused at this stage of the...

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