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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