ALESI v. CRAVEN

No. 25331.

446 F.2d 742 (1971)

Daniel William ALESI, Petitioner-Appellee, v. Walter E. CRAVEN, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

July 21, 1971.


Attorney(s) appearing for the Case

Frederick R. Millar, Jr., Deputy Atty. Gen. (argued), William E. James, Asst. Atty. Gen., Evelle J. Younger, Atty. Gen., Los Angeles, Cal., for respondent-appellant.

Norman Elliott (argued), John W. McClure, Los Angeles, Cal., for petitioner-appellee.

Before DUNIWAY, WRIGHT and KILKENNY, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

This is an appeal on behalf of the State of California from a judgment of the district court which granted a petition for writ of habeas corpus. That court directed that petitioner-appellee be released unless within 60 days the state authorities shall have instituted proceedings to retry him on the charge that formed the basis for the conviction complained of. We affirm.

Appellee was convicted in 1958 of possessing narcotics...

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