POPE v. HARPER

No. 22590.

407 F.2d 1303 (1969)

Lester J. POPE, Superintendent of California Medical Facility at Vacaville, Appellant, v. Theodore Monroe HARPER, Appellee.

United States Court of Appeals Ninth Circuit.

February 25, 1969.


Attorney(s) appearing for the Case

Thomas C. Lynch, Atty. Gen., Arnold O. Overoye, Deputy Atty. Gen., Doris H. Maier, Asst. Atty. Gen., Sacramento, Cal., for appellant.

Rexford D. Eagan, Sherman Oaks, Cal., for appellee.

Before CHAMBERS, MERRILL and HUFSTEDLER, Circuit Judges.


HUFSTEDLER, Circuit Judge:

Harper is a California State prisoner and Pope is superintendent of the penal institution in which Harper is confined. The State appeals from an order of the District Court granting Harper's petition for a writ of habeas corpus and ordering Harper's release from custody unless the State affords him a new trial within ninety days following the effective date of the order. Execution of the order was stayed pending appeal.

In 1963 a...

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