DAVIDSON v. KLINGER

No. 22563.

411 F.2d 746 (1969)

Richard Lee DAVIDSON and Walter Vernon Thomas, Appellants, v. Warden J. H. KLINGER, California Men's Colony, and Warden A. L. Oliver, Folsom Prison, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied July 9, 1969.


Attorney(s) appearing for the Case

Joseph L. Armijo, Jr. (argued), Torrance, Cal., for appellant.

Ronald M. George (argued), Deputy Atty. Gen., Thomas C. Lynch, Atty. Gen., William E. James, Asst. Atty. Gen., Los Angeles, Cal., for appellee.

Before HAMLEY and BROWNING Circuit Judges, and POWELL, District Judge.


PER CURIAM:

In this habeas proceeding appellants ask a federal court to set aside their state criminal convictions which are still pending on appeal in a state appellate court.

While the federal constitutional question which they present in this federal habeas proceeding may not be available to them on their state appeal, that appeal may result in reversal on some other ground, thereby mooting the federal question.

Moreover, if the federal question...

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