LURIE v. OBERHAUSER

Nos. 23917, 24247.

431 F.2d 330 (1970)

Marshall Roy LURIE, Appellant, v. E. J. OBERHAUSER, Warden, Appellee. Peter Gary D'ALLESSANDRO, Appellant, v. C. J. FITZHARRIS, Superintendent, etc., et al., Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearings Denied October 14, 1970.


Attorney(s) appearing for the Case

Richard G. Sherman (argued), of Sherman & Sturman, Beverly Hills, Cal., for appellants.

Mark Christiansen (argued), Deputy Atty. Gen., Thomas C. Lynch, Atty. Gen., Wm. E. James, Asst. Atty. Gen., Thomas S. Kerrigan, Deputy Atty. Gen., Los Angeles, Cal., for appellees.

Before HAMLEY and ELY, Circuit Judges, and POWELL, District Judge.


POWELL, District Judge,

On June 1, 1966 petitioners Lurie and D'Allessandro were convicted in the Superior Court of the State of California, of burglary and grand theft. Their convictions were affirmed by the California Court of Appeals. The California Supreme Court denied their petitions for a hearing.

The petitioners' applications for the issuance of writs of habeas corpus were denied by the District Court after a review of the transcripts of their preliminary...

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