HELMICK v. CUPP

No. 24102.

437 F.2d 321 (1971)

David Lee HELMICK, Appellant, v. H. C. CUPP, Warden, Appellee.

United States Court of Appeals, Ninth Circuit.

January 18, 1971.


Attorney(s) appearing for the Case

Phillip D. Chadsey, argued, Portland, Or., for appellant.

Jacob B. Tanzer, argued, Sol. Gen., Lee Johnson, Or. Atty. Gen., David H. Blunt, Asst. Atty. Gen., Salem, Or., for appellee.

Before HAMLEY, KOELSCH and WRIGHT, Circuit Judges.


PER CURIAM:

Habeas corpus. We agree with the district court that petitioner Helmick was not denied due process because three arresting sheriff's deputies, one of whom testified as a witness for the prosecution, drove the jurors to the scene of the crime, after being designated by the trial judge as bailiffs for that purpose. The facts in this case relevant to the matter differ materially from those in Turner v. Louisiana, 379 U.S. 466

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