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NEY v. STATE OF CALIFORNIA

No. 26516.

439 F.2d 1285 (1971)

Irving Eugene NEY, Appellant, v. STATE OF CALIFORNIA, Lawrence F. Pickett, Keith C. Sorenson, et al., Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearings Denied April 20, 1971.

Attorney(s) appearing for the Case

Irving Eugene Ney, in pro. per.

Michael J. Brady, of Ropers, Majeski, Kohn, Bentley & Wagner, Redwood City, Cal., Donald W. Malouf, of Sedgwick, Detert, Moran & Arnold, San Francisco, Cal., for appellees.

Before HAMLEY, DUNIWAY and KILKENNY, Circuit Judges.

DUNIWAY, Circuit Judge:

Ney is a prisoner of the State of California, having been convicted of mayhem (Cal.Pen.C. § 203) and assault with a deadly weapon (id., § 245). The offenses occurred on June 28, 1964; judgment of conviction was entered on November 6, 1964. The facts are stated in the opinion of the California District Court of Appeal, affirming the conviction. People v. Ney, 1965, 238 Cal.App.2d 785

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