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PEOPLE OF STATE OF CALIFORNIA v. VICK

No. 71-1898.

452 F.2d 109 (1971)

PEOPLE OF the STATE OF CALIFORNIA, Plaintiff-Appellee, v. William Monroe VICK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

November 19, 1971.

Attorney(s) appearing for the Case

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

Evelle J. Younger, Cal. Atty. Gen., William E. James, Asst. Atty. Gen., Howard J. Schwab, Deputy Atty. Gen., Los Angeles, Cal., for plaintiff-appellee.

Before HAMLEY, DUNIWAY and TRASK, Circuit Judges.

PER CURIAM :

Appellant petitioned under 28 U.S.C. § 1443(1) to remove a state criminal prosecution pending against him. On February 2, 1971, we reversed the district court's order denying the petition and remanded the case on procedural grounds. People v. Pobuta, 9 Cir., 1971, 437 F.2d 1200. At a "Hearing on Filing and Spreading Judgment of Court of Appeals," it appeared that petitioner was a member of the Marines and was then...

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