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GORUM v. CRAVEN

No. 71-3017.

465 F.2d 443 (1972)

James L. GORUM, Petitioner-Appellee, v. Walter E. CRAVEN, Warden, Folsom State Prison, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

August 18, 1972.

Attorney(s) appearing for the Case

Russell Iungerich, Deputy Atty. Gen. (argued), S. Clark Moore, Deputy Atty. Gen., Doris H. Maier, Asst. Atty. Gen., Herbert L. Ashby, Chief Asst. Atty. Gen., Evelle J. Younger, Atty. Gen., Los Angeles, Cal., for respondent-appellant.

Mark Himelstein (argued), Richard M. Sims, III, of Penrod, Himelstein, Savinar & Sims, San Francisco, Cal., for petitioner-appellee.

Before MERRILL and KILKENNY, Circuit Judges, and TAYLOR, District Judge.

TAYLOR, District Judge:

The appellee, James L. Gorum, was convicted and sentenced on two counts of armed robbery in violation of the California Penal Code, Section 211 in the Superior Court of the County of Los Angeles.

After having exhausted his state remedies, appellee filed a petition for a writ of habeas corpus in the United States District Court for the Central District of California, which court made and entered an order conditionally granting the petition...

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