HERNANDEZ v. SCHNECKLOTH

No. 24398.

425 F.2d 89 (1970)

Enrique HERNANDEZ, Appellant, v. Merle R. SCHNECKLOTH, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 25, 1970.


Attorney(s) appearing for the Case

Enrique Hernandez, in pro per.

Arthur B. Rosenfeld, Deputy Atty. Gen., Thomas C. Lynch, Atty. Gen., Los Angeles, Cal., for appellee.

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


PER CURIAM.

Petitioner-appellant is serving a state sentence, imposed in May, 1965, for violation of California Penal Code, § 459 (burglary). He appeals from an order dismissing his petition for a writ of habeas corpus.1

Appellant complains first that his petition was denied without an evidentiary hearing. The trial court, however, had the complete state court record (consisting of the reporter's transcript of three volumes...

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