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HENSLEY v. MUNICIPAL COURT

No. 26274.

453 F.2d 1252 (1972)

Kirby H. HENSLEY, Appellant, v. MUNICIPAL COURT, SAN JOSE-MILPITAS JUDICIAL DISTRICT SANTA CLARA COUNTY, STATE OF CALIFORNIA, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied February 18, 1972.

Attorney(s) appearing for the Case

Peter R. Stromer (argued), San Jose, Cal., for appellant.

Dennis Lempert, Asst. Dist. Atty. (argued), San Jose, Cal., for appellee.

Before KOELSCH and CARTER, Circuit Judges, and SMITH, District Judge.

PER CURIAM:

The sole question on appeal is whether or not a person released on his own recognizance following trial, conviction and sentence on a state criminal charge is within the purview of 28 U.S.C. § 2241, which extends the remedy of habeas corpus to persons "in custody" in violation of the federal constitution.1 We conclude that he is not.2

Not long ago, this court squarely ruled on this...

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