MICHAEL v. EYMAN

No. 71-2774.

462 F.2d 626 (1972)

Edward Lee MICHAEL, Jr., Appellant, v. Frank A. EYMAN, Warden, Arizona State Prison, Appellee.

United States Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing July 7, 1972.


Attorney(s) appearing for the Case

Edward Lee Michael, Jr., in pro. per.

Gary K. Nelson, Atty. Gen., Louis A. Moore, Jr., Asst. Atty. Gen., Phoenix, Ariz., for appellee.

Before MERRILL, TRASK and GOODWIN, Circuit Judges.


PER CURIAM:

An Arizona prisoner serving a sentence for second-degree murder appeals a denial of habeas-corpus relief, urging that his state conviction was tainted by "poisoned-tree" evidence and a bad instruction. We affirm.

The instruction, even if it was error under state law, a point which we need not decide, presents no federal constitutional question.

The evidentiary question affords no basis for habeas-corpus relief. The state introduced in evidence...

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