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WILSON v. BOWIE

No. 22569.

408 F.2d 1105 (1969)

Lawrence E. WILSON, Warden, California State Prison, San Quentin, California, Appellant, v. William J. BOWIE, Appellee.

United States Court of Appeals Ninth Circuit.

March 27, 1969.

Attorney(s) appearing for the Case

Edward P. O'Brien (argued), Deputy Atty. Gen., Thomas C. Lynch, Atty. Gen., Albert W. Harris, Jr., Asst. Atty. Gen., San Francisco, Cal., for appellant.

Ralph Johansen (argued), and Doris B. Walker (argued), of Treuhaft, Walker & Burnstein, Oakland, Cal., for appellee.

Before HAMLEY, HAMLIN and KOELSCH, Circuit Judges.

HAMLIN, Circuit Judge.

This is an appeal from an order of the District Court for the Northern District of California granting William Bowie's petition for a writ of habeas corpus. Bowie's California conviction for assault with a deadly weapon became final in 1962, and he has exhausted his state remedies. Jurisdiction of this court over the appeal is granted by 28 U.S.C. § 1291.

Bowie was arrested on December 3, 1960, after San Francisco police discovered...

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