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STATE OF ARIZONA v. WASHINGTON

Nos. 75-3634, 75-3689.

546 F.2d 829 (1976)

STATE OF ARIZONA and W. Coy Cox, Sheriff, Pima County, Arizona, Appellants, v. George WASHINGTON, Jr., Appellee. George WASHINGTON, Jr., Cross-Appellant, v. STATE OF ARIZONA and W. Coy Cox, Sheriff, Pima County, Arizona, Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

As Modified January 21, 1977.

Attorney(s) appearing for the Case

A. Bates Butler, III, Deputy County Atty. (argued), of Pima County, Tucson, Ariz., for appellants.

Ed Bolding (argued), Tucson, Ariz., for appellee.

Before MERRILL, KILKENNY and ANDERSON, Circuit Judges:

KILKENNY, Circuit Judge:

This appeal concerns the propriety of a retrial of George Washington, Jr. [appellee] following the declaration of a mistrial in state court. The district court conditionally granted the appellee's petition for a writ of habeas corpus pending appeal to this court. We affirm and order the immediate execution of the writ.

FACTS

FIRST TRIAL AND APPEAL

The appellee was charged in the Arizona state court in February of...

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