WALKER v. NELSON

No. 71-2442.

468 F.2d 451 (1972)

Alfred WALKER, Petitioner-Appellant, v. Louis S. NELSON, Warden California State Prison at San Quentin, and California Adult Authority, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

October 24, 1972.


Attorney(s) appearing for the Case

Kenneth Drexler (argued), J. Thomas Rosch, of McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., for petitioner-appellant.

Charles R. B. Kirk, Deputy Atty. Gen. (argued), Joyce F. Nedde, Deputy Atty. Gen., Doris H. Maier, Asst. Atty. Gen., Herbert L. Ashby, Chief Asst. Atty. Gen., Evelle J. Younger, Atty. Gen., San Francisco, Cal., for respondents-appellees.

Before LUMBARD, HUFSTEDLER and CHOY, Circuit Judges.


LUMBARD, Circuit Judge:

Alfred Walker appeals from an order of the District Court for the Northern District of California, entered July 6, 1971, denying his petition for a writ of habeas corpus. He questions the validity of his 1963 conviction in Alameda County for the possession for sale of marijuana on the ground that there was no probable cause for his arrest and the seizure of marijuana under the mattress of the bed on which he had been sleeping. We hold, as found...

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