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MARTINEZ v. CRAVEN

No. 24356.

429 F.2d 18 (1970)

Gabriel MARTINEZ, Appellant, v. Walter E. CRAVEN, Warden, Appellee.

United States Court of Appeals, Ninth Circuit.

July 1, 1970.

Attorney(s) appearing for the Case

Luke McKissack (argued), Hollywood, Cal., Gabriel Martinez, in pro. per., for appellant.

Howard Schwab (argued), Deputy Atty. Gen., Thomas C. Lynch, Atty. Gen., Wm. E. James, Asst. Atty. Gen., Bernard S. Kamine, Deputy Atty. Gen., Los Angeles, Cal., for appellee.

Before DUNIWAY and HUFSTEDLER, Circuit Judges, and POWELL, District Judge.

PER CURIAM:

Martinez appeals from an order of the district court denying his habeas petition challenging his state court conviction for violating California Health and Safety Code, § 11500.5 (possession of heroin for sale).

Three points require discussion: (1) Martinez' claim that the doctrine of res judicata foreclosed the State from relying upon evidence in a second preliminary hearing that had been ruled inadmissible after his prior preliminary hearing...

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