MURPHY v. CUPP

No. 71-2203.

461 F.2d 1006 (1972)

Daniel P. MURPHY, Petitioner-Appellant, v. Hoyt C. CUPP, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied July 6, 1972.


Attorney(s) appearing for the Case

Howard R. Lonergan (argued) Portland, Or., for appellant.

John W. Osburn, Sol. Gen. (argued) Jim G. Russell, Asst. Atty. Gen., Lee Johnson, Atty. Gen., Salem, Or., for appellee.

Before JERTBERG, ELY and HUFSTEDLER, Circuit Judges.


PER CURIAM:

Murphy is an Oregon state prisoner, convicted of second degree murder. After having exhausted his state remedies, he filed a petition for habeas corpus relief in the District Court, alleging therein that he had been the victim of a search proscribed by the federal constitution. The District Court denied the petition, and this appeal followed.

The victim of the homicide was Murphy's wife, and sometime after her body was discovered, Murphy and his...

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