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TANNAHILL v. STATE OF ARIZONA

No. 24103.

440 F.2d 555 (1971)

Clyde S. TANNAHILL, Petitioner-Appellee, v. STATE OF ARIZONA et al., Frank A. Eyman, Warden, Arizona State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

March 29, 1971.

Attorney(s) appearing for the Case

Carl Waag, Asst. Atty. Gen. (argued), Gary K. Nelson, Atty. Gen., Phoenix, Ariz., for appellant.

William S. Maillard, Jr. (argued), San Francisco, Cal., for appellee.

Before JERTBERG, MERRILL and WRIGHT, Circuit Judges.

PER CURIAM:

The appellant, Frank A. Eyman, Warden, Arizona State Penitentiary, appeals from an order of the United States District Court for the District of Arizona, granting appellee Clyde S. Tannahill's petition for habeas corpus, which stated that execution of the writ was stayed for a period of one hundred twenty (120) days from date of the order, and ordered that the case be remanded to the jurisdiction of the State of Arizona for a new trial within said period...

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