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KEARNS v. FIELD

No. 24631.

432 F.2d 68 (1970)

Howard J. KEARNS, B-3528, Appellant, v. Harold V. FIELD, Warden, Appellee.

United States Court of Appeals, Ninth Circuit.

Supplemental Opinion on Denial of Rehearing September 23, 1970.

Attorney(s) appearing for the Case

Howard J. Kearns in pro. per.

Thomas C. Lynch, Atty. Gen., Dannie H. Spence, Deputy Atty. Gen., Los Angeles, Cal., for appellee.

Before BARNES and ELY, Circuit Judges, and JAMESON, District Judge.

PER CURIAM:

Kearns is a California state prisoner. He was charged in the state court with having issued a fraudulent check in the amount of $24.81, and after having pleaded guilty to the offense, he was given the sentence which he attacks. He petitioned for habeas corpus relief in the District Court, alleging that he pleaded guilty in the state court only because he had theretofore been promised that he would be given probation, and not imprisoned, if he did so. The...

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