BYRD v. COMSTOCK

No. 24694.

430 F.2d 937 (1970)

Cleo F. BYRD, Petitioner-Appellant, v. Howard M. COMSTOCK, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

September 22, 1970.


Attorney(s) appearing for the Case

Cleo R. Byrd, in pro. per.

Thomas C. Lynch, Atty. Gen., William E. James, Asst. Atty. Gen., Jeffrey S. Wohlner, Deputy Atty. Gen., Los Angeles, Cal., for respondent-appellee.

Before BARNES, BROWNING and DUNIWAY, Circuit Judges.


PER CURIAM:

Petitioner, a California state prisoner, appeals from an order denying his petition for writ of habeas corpus. Petitioner and a co-defendant, who were represented by the same attorney, were convicted of robbery after joint trial before a judge sitting without a jury.

Petitioner's claims arise from use at trial, without objection, of a statement given to the police by petitioner's co-defendant.

Petitioner complains that the record does not...

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