SCHANTZ v. EYMAN

No. 22764.

418 F.2d 11 (1969)

Joseph Alvin SCHANTZ, Petitioner-Appellee, v. Frank A. EYMAN, Warden, Arizona State Prison, Respondent-Appellant.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 8, 1969.


Attorney(s) appearing for the Case

Carl Waag (argued), Asst. Atty. Gen., Darrell F. Smith, Atty. Gen., Norval C. Jesperson, Asst. Atty. Gen., Phoenix, Ariz., for respondent-appellant.

Charles D. Roush (argued), John J. Flynn and James Moeller of Lewis, Roca, Beauchamp & Linton, Phoenix, Ariz., for petitioner-appellee.

Before MADDEN, Judge of the United States Court of Claims, and MERRILL and BROWNING, Circuit Judges.


BROWNING, Circuit Judge.

Respondent appeals from an order of the district court in a habeas corpus proceeding which set aside petitioner's conviction of murder in the Superior Court of Maricopa County, Arizona, and ordered petitioner's release from custody unless the State afforded petitioner a new trial within ninety days. We affirm.

Respondent did not deny petitioner's factual allegations, and the district court, without objection, accepted them as true...

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