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McHENRY v. PEOPLE OF STATE OF CALIFORNIA

No. 24750.

447 F.2d 470 (1971)

Granton Stanwood McHENRY, Appellee, v. PEOPLE OF the STATE OF CALIFORNIA, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 30, 1971.

Attorney(s) appearing for the Case

Michael J. Kelly, Deputy Atty. Gen. (argued), Evelle J. Younger, Cal. Atty. Gen., Derald E. Granberg, Deputy Atty. Gen., San Francisco, Cal., for appellant.

Raoul D. Kennedy (argued), Oakland, Cal., for appellee.

Before ELY, WRIGHT, and TRASK, Circuit Judges.

PER CURIAM:

McHenry is a California state prisoner. On October 10, 1960, he was convicted on a charge of having violated section 261, subd. 1 of California's Penal Code (statutory rape). He was released on parole on April 25, 1963, and subsequently, on January 28, 1965, was convicted for having violated section 12021 of California's Penal Code (possession of a concealed weapon by a person "who has been convicted of a felony"). Because of this later conviction, his...

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