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ELLIS v. FITZHARRIS

Nos. 22430, 22430-A.

407 F.2d 799 (1969)

Edgar M. ELLIS, Appellant, v. C. J. FITZHARRIS, Department of Corrections of the State of California, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing and Rehearing Denied April 9, 1969.

Attorney(s) appearing for the Case

Eugene Epstein (argued), of Cominos & Shostak, Salinas, Cal., for appellant.

James A. Aiello (argued), Deputy Atty. Gen., Thomas C. Lynch, Atty. Gen., San Francisco, Cal., for appellee.

Before CHAMBERS, HAMLEY and MERRILL, Circuit Judges.

Rehearing and Rehearing In Banc Denied April 9, 1969.

HAMLEY, Circuit Judge:

In this habeas corpus proceeding Edgar M. Ellis, a California state prisoner, contends that the admission of his confession and incriminating statements (hereinafter confession) at his state jury trial deprived him of due process of law. Ellis is serving a life sentence following his 1946 conviction of murder in the first degree. The district...

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