MAITA v. WHITMORE

No. 74-1498.

508 F.2d 143 (1974)

Philip Joseph MAITA, Petitioner-Appellee, v. Earl WHITMORE, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Certiorari Denied April 28, 1975.


Attorney(s) appearing for the Case

Evelle J. Younger, Atty. Gen., San Francisco, Cal., for respondent-appellant.

Donald A. Tenenbaum, San Jose, Cal., for petitioner-appellee.

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


Certiorari Denied April 28, 1975. See 95 S.Ct. 1676.

OPINION

DUNIWAY, Circuit Judge:

Sheriff Whitmore appeals from an order granting Maita's petition for a writ of habeas corpus. We reverse.

The sole question presented for decision is whether Maita was entitled, under the Fourteenth and Sixth Amendments, to a jury trial when he was charged in California Superior Court with four separate criminal...

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