PEOPLE v. POBUTA

No. 26532.

437 F.2d 1200 (1971)

The PEOPLE OF the STATE OF CALIFORNIA, Plaintiff-Appellee, v. Ronald POBUTA, Ellsworth Swait and William Monroe Vick, Defendants. Appeal of William Monroe VICK.

United States Court of Appeals, Ninth Circuit.

February 2, 1971.


Attorney(s) appearing for the Case

Roland S. Barcume, Newport Beach, Cal., for appellant.

Thomas C. Lynch, Atty. Gen., William E. James, Asst. Atty. Gen., Howard J. Schwab, Deputy Atty. Gen., Los Angeles, Cal., for appellee.

Before HAMLEY, MERRILL, and BROWNING, Circuit Judges.


PER CURIAM:

Appellant filed a petition under 28 U. S.C. § 1443(1) to remove a state criminal prosecution pending against him. On the day the petition was filed the district court entered a minute order denying the petition and remanding the case to the state superior court. Eight days later the court filed a memorandum order reaffirming the prior order and stating the ground therefor, namely, that the petition failed to state a claim for removal under section...

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