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TURNER v. CRAVEN

No. 72-2691.

475 F.2d 769 (1973)

Herbert J. TURNER, Plaintiff-Appellant, v. Walter E. CRAVEN, Warden, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

March 12, 1973.

Attorney(s) appearing for the Case

Marvin W. Friedman, San Francisco, Cal., Lonnie R. Springer, Santa Barbara, Cal., for plaintiff-appellant.

Evelle J. Younger, Atty. Gen., Edward A. Hinz, Jr., Chief Asst. Atty. Gen., Doris H. Maier, Asst. Atty. Gen., Mark L. Christiansen, Joseph M. Cavanagh, Deputy Attys. Gen., San Diego, Cal., for defendant-appellee.

Before CHAMBERS, HAMLEY and MERRILL, Circuit Judges.

PER CURIAM:

Turner is a California state prisoner. He was convicted by a California state jury of felonious assault, robbery and burglary. The district court denied Turner's petition for a writ of habeas corpus, and Turner appeals.

The victim of Turner's crime was an elderly woman. She testified at the preliminary hearing and was subject to cross-examination. By the time of trial, however, her doctor testified and the court found that her mental and physical...

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