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MITCHELL v. EYMAN

No. 72-1648.

468 F.2d 856 (1972)

Thomas Armendarez MITCHELL, Jr., Petitioner-Appellant, v. Frank A. EYMAN, Warden, Arizona State Prison, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

October 30, 1972.

Attorney(s) appearing for the Case

Thomas A. Mitchell, Jr., in pro. per. for the appellant.

Gary K. Nelson, Atty. Gen., William P. Dixon, Asst. Atty. Gen., Phoenix, Ariz., for respondent-appellee.

Before JERTBERG and ELY, Circuit Judges, and RENFREW, District Judge.

JERTBERG, Circuit Judge:

Appellant, Mitchell, a prisoner of the State of Arizona, appeals from an order of the United States District Court for the District of Arizona denying his petition for a writ of habeas corpus without an evidentiary hearing.

Following a jury trial, appellant was convicted on Count One—attempted kidnapping "while armed with a gun," and Count Two—assault with a "deadly weapon or instrument, to wit: a gun," and was sentenced...

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