OWENS v. EYMAN

No. 25149.

434 F.2d 1062 (1970)

Andrew OWENS, Appellant, v. Frank A. EYMAN, Warden, Appellee.

United States Court of Appeals, Ninth Circuit.

November 18, 1970.


Attorney(s) appearing for the Case

Andrew Owens, in pro. per.

Gary K. Nelson, Atty. Gen., Carl Waag, Asst. Atty. Gen., Phoenix, Ariz., for appellee.

Before BARNES, ELY, and KILKENNY, Circuit Judges.


PER CURIAM:

Owens is an Arizona state prisoner. He appeals from an order denying his application for habeas corpus relief.

After his first state court trial resulted in jury disagreement and a mistrial, Owens was again tried for the charged offense, robbery, and, this time, convicted. At the second trial the state introduced, over objection, the reporter's transcript of the testimony of a witness who had testified for the prosecution during the first trial...

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