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BUSTAMANTE v. EYMAN

No. 26506.

456 F.2d 269 (1972)

Pedro Rodriquez BUSTAMANTE, Petitioner-Appellant, v. Frank A. EYMAN, Superintendent, Arizona State Prison, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

February 7, 1972.

Attorney(s) appearing for the Case

Robert J. Corcoran (argued), LeRoy L. Miller, of Dushoff, Sacks & Corcoran, Phoenix, Ariz., for petitioner-appellant.

Roderic A. Dietz (argued), Gary K. Nelson, Ariz. Atty. Gen., Phoenix, Ariz., for respondent-appellee.

Before DUNIWAY and TRASK, Circuit Judges, and FERGUSON, District Judge.

FERGUSON, District Judge:

Appellant was convicted of first degree murder by a jury in the Superior Court of Maricopa County, Arizona, and sentenced to life imprisonment. His conviction was affirmed on appeal to the Arizona Supreme Court. State v. Bustamante, 103 Ariz. 551, 447 P.2d 243 (1968). Thereafter, he sought a writ of habeas corpus in the United States District Court for the District of Arizona...

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