No. 74-1966.

514 F.2d 18 (1975)

Marshall Andre KELLY, Petitioner-Appellant, v. Walter T. STONE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

March 21, 1975.

Attorney(s) appearing for the Case

Roderick P. Bushnell (argued), San Francisco, Cal., for petitioner-appellant.

Herbert F. Wilkinson, Deputy Atty. Gen. (argued), for respondent-appellee.

Before LUMBARD, KOELSCH and DUNIWAY, Circuit Judges.



Marshall Andre Kelly, a California state prisoner, petitioned the United States District Court for a writ of habeas corpus. He urged as grounds for relief prosecutorial misconduct during his state court trial. The district court denied him relief, and he has appealed.

Kelly is black, and the charge was forcible rape. In these circumstances, the district attorney's exhortation in a closing argument to the jury to "[t]hink about...

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