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QUIGG v. ESTELLE

No. 72-2169.

492 F.2d 343 (1974)

Gary Lee QUIGG, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Warden, Montana State Prison, and the State of Montana, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

February 11, 1974.

Attorney(s) appearing for the Case

David J. Patterson (argued), Mont., Defender Project, Missoula, Mont., for petitioner-appellant.

Jonathan B. Smith, Asst. Atty. Gen. (argued), Robert L. Woodahl, Atty. Gen. of Mont., David V. Gilko, Asst. Atty. Gen., Helena, Mont., for respondents-appellees.

Before MERRILL and TRASK, Circuit Judges, and KELLEHER, District Judge

PER CURIAM:

Appellant was convicted of first degree murder in a Montana State Court on March 31, 1969; the Montana Supreme Court affirmed. State v. Quigg, 155 Mont. 119, 467 P.2d 692 (1970). Appellant then petitioned the United States District Court for the District of Montana for a writ of habeas corpus. In support of his petition, appellant argued that: (1) The affidavits in support of the search warrants used to procure evidence...

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