BENN v. EYMAN

No. 25546.

436 F.2d 1074 (1971)

Ruben BENN, Plaintiff-Appellant, v. Frank A. EYMAN, Warden, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

January 19, 1971.


Attorney(s) appearing for the Case

McCafferty & Loftus, Phoenix, Ariz., for plaintiff-appellant.

Gary K. Nelson, Ariz. Atty. Gen., Carl Wagg, Asst. Atty. Gen., Phoenix, Ariz., for defendant-appellee.

Before CHAMBERS, BARNES and TRASK, Circuit Judges.


PER CURIAM:

Petitioner, a state prisoner, appeals from the order of the district court denying his petition for writ of habeas corpus. We affirm the order of the district court.

Petitioner was charged with three felonies, one count of attempted rape and two counts of burglary. On the scheduled day of trial on the attempted rape charge, which was to be tried first, the attorney prosecuting that charge was ill. The trial was continued, and one of the burglary...

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