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SZIJARTO v. NELSON

No. 72-1277.

465 F.2d 889 (1972)

Victor Frank SZIJARTO, Petitioner-Appellant, v. Louis S. NELSON, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

September 22, 1972.

Attorney(s) appearing for the Case

Victor Frank Szijarto, in pro. per.; Robert Michael Zweig, of Hodge, Green & Zweig, San Francisco, Cal., for petitioner-appellant.

Evelle J. Younger, Cal. Atty. Gen., San Francisco, Cal., for respondent-appellee.

Before CHAMBERS, MERRILL and TRASK, Circuit Judges.

PER CURIAM:

The order denying a writ of habeas corpus is affirmed.

Only the Miranda (Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694) needs mention.

There was no objection at the trial that a Miranda warning had not been given. An officer testified that Szijarto said the rape victim had not been to Szijarto's apartment. In the whole trial this statement was unimportant. The proof was overwhelming. And...

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