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MOORE v. EYMAN

No. 71-2847.

464 F.2d 559 (1972)

Frank MOORE, Petitioner-Appellant, v. Frank A. EYMAN, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

July 13, 1972.

Attorney(s) appearing for the Case

Edward C. Rapp (argued), of Tupper, Rapp, Salcito & Schlosser, Phoenix, Ariz., for petitioner-appellant.

William P. Dixon, Deputy Atty. Gen. (argued), Roderic A. Dietz, Gary K. Nelson, Atty. Gen., Phoenix, Ariz., for respondent-appellee.

Before MERRILL, ELY and TRASK, Circuit Judges.

PER CURIAM:

Appellant, an Arizona state prisoner, seeks release by writ of habeas corpus. He contends that his conviction was based on identification by an eyewitness who had picked him out of a line-up and had so testified; that appellant had requested and been denied counsel at the time of the line-up. He relies on United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967) and Gilbert v. California,

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