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BOYER v. STATE OF ARIZONA

No. 26673.

455 F.2d 804 (1972)

Christopher BOYER, Petitioner-Appellant, v. STATE OF ARIZONA and Frank Eyman, Warden of Arizona State Prison, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

February 9, 1972.

Attorney(s) appearing for the Case

Harold Cole (argued), Joseph H. Soble, Soble & Cole, Tucson, Ariz., for petitioner-appellant.

William P. Dixon, Asst. Atty. Gen. (argued), Gary K. Nelson, Atty. Gen., Phoenix, Ariz., for respondents-appellees.

Before ELY and CHOY, Circuit Judges, and BYRNE, Sr., District Judge.

CHOY, Circuit Judge.

Christopher Boyer, an Arizona prisoner, appeals the District Court's denial of his petition for habeas corpus. His sole contention is that the search warrant under which he was stopped, his car searched, and marijuana found in his possession seized was issued without probable cause.1 The evidence thus seized was instrumental in his conviction of violation of Arizona Revised Statutes, §§ 36-1002.05 and 36...

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