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McNEARY v. STONE

No. 73-1216.

482 F.2d 804 (1973)

Louis Douglas McNEARY, Petitioner-Appellant, v. Walter T. STONE and People of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 5, 1973.

Certiorari Denied December 3, 1973.

Attorney(s) appearing for the Case

Louis D. McNeary in pro. per.

Evelle J. Younger, Atty. Gen., Edward A. Hinz, Jr., Chief Asst. Atty. Gen., Doris H. Maier, Asst. Atty. Gen., Derald E. Granberg, Don Jacobson, Deputy Attys. Gen., San Francisco, Cal., for respondents-appellees.

Before MERRILL, WRIGHT and CHOY, Circuit Judges.

Certiorari Denied December 3, 1973. See 94 S.Ct. 584.

OPINION

CHOY, Circuit Judge:

Louis McNeary was convicted of armed robbery after a jury trial in 1969 in a California state court and was sentenced to a term in state prison. After exhausting his available state remedies, McNeary sought federal habeas corpus relief under 28 U.S.C. § 2254. The district court, after reviewing the state trial record, denied the petition without a hearing in August...

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