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SCHOELLER v. DUNBAR

No. 23270.

423 F.2d 1183 (1970)

Guenter H. SCHOELLER, Petitioner-Appellant, v. Walter DUNBAR, Director, California Department of Corrections, et al., Respondent-Appellees.

United States Court of Appeals, Ninth Circuit.

February 24, 1970.

Attorney(s) appearing for the Case

Frederick P. Furth (argued), San Francisco, Cal., for petitioner-appellant.

Jerome C. Utz (argued), Deputy Atty. Gen., Thomas C. Lynch, Atty. Gen., State of California, San Francisco, Cal., for respondent-appellees.

Before BARNES, HUFSTEDLER and KILKENNY, Circuit Judges.

KILKENNY, Circuit Judge.*

Appellant is critical of the judgment of the District Court denying his petition for a writ of habeas corpus.

In May, 1964, appellant was charged, by indictment, with violating Sections 187 (murder) and 217 (assault with a deadly weapon with intent to commit murder) of the California Penal Code. Appellant's privately retained counsel arranged for his examination by a private psychiatrist. After reviewing...

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