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ROBIDEAU v. RHAY

No. 23241.

431 F.2d 880 (1970)

James G. ROBIDEAU, Petitioner-Appellant, v. B. J. RHAY, Superintendent, Washington State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

September 16, 1970.

Attorney(s) appearing for the Case

Joseph C. Melino (argued), San Jose, Cal., for appellant.

Stephen C. Way, Asst. Atty. Gen., (argued), Slade Gorton, Atty. Gen., Olympia, Wash., for appellee.

Before JERTBERG, DUNIWAY and KILKENNY, Circuit Judges.

PER CURIAM:

In Robideau's trial in the Superior Court of King County, Washington, on a charge of robbery, error occurred of the type that we later held to be of constitutional dimension in Fowle v. United States, 9 Cir. 1969, 410 F.2d 48. Robideau appealed to the Supreme Court of Washington, which held that there had been no error. State v. Robideau, 1967, 70 Wn.2d 994, 425 P.2d...

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