SMILEY v. STATE OF CALIFORNIA

No. 24979.

442 F.2d 1026 (1971)

Richard Emmett SMILEY, Appellant, v. STATE OF CALIFORNIA, Louis S. Nelson, Warden, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 14, 1971.


Attorney(s) appearing for the Case

Richard Emmett Smiley, in pro. per.

Evelle J. Younger, Cal. Atty. Gen., San Francisco, Cal., for the appellee.

Before BARNES, HAMLEY and JERTBERG, Circuit Judges.


PER CURIAM:

Appellant, a California state prisoner, appeals from an order of the United States District Court for the Northern District of California, filed September 4, 1969, denying his application for writ of habeas corpus and dismissing the proceedings.

Following a plea of "Not Guilty," and a non-jury trial, appellant was convicted of the crime of child molesting (California Penal Code, Sec. 288.) No appeal was taken.

On October 10, 1963, he was...

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