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OLSEN v. ELLSWORTH

No. 25026.

438 F.2d 630 (1971)

Stanley C. OLSEN, Plaintiff-Appellant, v. E. C. ELLSWORTH, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied and Rehearing Denied March 29, 1971.

Attorney(s) appearing for the Case

Dal Poggetto & Jess, by Newton Dal Poggetto, Santa Rosa, Cal., for plaintiff-appellant.

Patrick Brophy (argued), Asst. Atty. Gen., Robert L. Woodahl, Atty. Gen., Charles C. Lovell, Sp. Asst. Atty. Gen., J. C. Weingartner, Robert P. Gannon, Asst. Atty. Gen., Helena, Mont., for defendant-appellee.

Before HAMLEY, BROWNING, and DUNIWAY, Circuit Judges.

Rehearing Denied and Rehearing In Banc Denied March 29, 1971.

PER CURIAM:

Petitioner sought habeas relief in federal district court after the Montana Supreme Court affirmed his conviction of burglary. The basic facts are summarized in State v. Olsen, 152 Mont. 1, 445 P.2d 926 (1968). The district court denied relief after an evidentiary hearing, and petitioner appealed. We affirm.

Petitioner did not have counsel at...

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