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SESSER v. GUNN

No. 74-3424.

529 F.2d 932 (1976)

John Julius SESSER, Plaintiff-Appellant, v. J. B. GUNN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied March 16, 1976.

Attorney(s) appearing for the Case

Ronald Van Leachman (argued), San Francisco, Cal., for plaintiff-appellant.

James D. Hurwitz, Deputy Atty. Gen. (argued), San Francisco, Cal., for defendant-appellee.

Before BROWNING and SNEED, Circuit Judges, and JAMESON, District Judge.

Rehearing and Rehearing En Banc Denied March 16, 1976.

OPINION

PER CURIAM:

Appellant, a state prisoner, appeals from an order of the district court denying his petition for habeas corpus. We reverse.

On February 1, 1973, appellant was charged with two counts of robbery in an information filed in the Superior Court of Alameda County, California. The information also alleged that appellant had been convicted of three prior felonies. The purpose...

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