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BROWN v. CRAVEN

No. 23812.

438 F.2d 334 (1971)

Benjamin Jerrel BROWN, Petitioner-Appellant, v. Walter E. CRAVEN, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

February 17, 1971.

Attorney(s) appearing for the Case

Fernando V. Hernandez (argued), San Jose, Cal., for petitioner appellant.

John T. Murphy (argued), Deputy Atty. Gen., Evelle J. Younger, Atty. Gen., Albert W. Harris, Jr., Asst. Atty. Gen., San Francisco, Cal., for respondent appellee.

Before BROWNING and DUNIWAY, Circuit Judges, and TAYLOR, District Judge.

PER CURIAM:

Petitioner was convicted of grand theft in Superior Court of the State of California for San Francisco County. The federal district court dismissed his petition for habeas corpus without an evidentiary hearing. He appealed.

As indicated by respondent, this petition was premature since it was processed while petitioner's direct appeal was still pending in the California District Court of Appeal. Martinez v. Craven, 397 F.2d 256<...

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