DUNIWAY, Circuit Judge:
O'Neil is a California prisoner, convicted on two counts under the California Penal Code, kidnapping for purposes of robbery (§ 209) and robbery in the first degree (§ 211), and vehicle theft (Cal.Veh.Code § 10851). On April 25, 1968, O'Neil filed an application for a writ of habeas corpus in the United States District Court, which granted the writ. The warden appeals (28 U.S.C. § 2253).
1. The facts.
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