HOWELL v. CUPP

No. 24648.

427 F.2d 36 (1970)

John Harold HOWELL, Appellant, v. Hoyt C. CUPP, Warden, Appellee.

United States Court of Appeals, Ninth Circuit.

May 20, 1970.


Attorney(s) appearing for the Case

Richard A. Edwards (argued), Portland, Or., for appellant.

Thomas Denney (argued), Asst. Atty. Gen., Lee Johnson, Atty. Gen., Helen B. Kalil, Asst. Atty. Gen., Jacob B. Tanzer, Sol. Gen., of Salem, Or., for appellee.

Before DUNIWAY, WRIGHT and TRASK, Circuit Judges.


TRASK, Circuit Judge:

This is an appeal by John Harold Howell from the dismissal of his petition for a writ of habeas corpus. Petitioner was convicted of burglary not in a dwelling at jury trial in the Lane County, Oregon, Circuit Court in 1963. His conviction was affirmed by the Oregon Supreme Court. State v. Howell, 237 Or. 382, 388 P.2d 282 (1964). After exhausting state remedies,

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