AZBILL v. POGUE

No. 75-1182.

534 F.2d 195 (1976)

Sylvester Jackson AZBILL, Petitioner-Appellant, v. Edwin T. POGUE, Warden, Nevada State Prison, State of Nevada, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied June 7, 1976.


Attorney(s) appearing for the Case

John Manzonie & Louis Wiener, Jr. (both argued), Las Vegas, Nev., for petitioner-appellant.

D. G. Menchetti, Deputy Atty. Gen. (argued), Carson City, Nev., for respondent-appellee.

Before CHAMBERS, DUNIWAY and WRIGHT, Circuit Judges.


Rehearing and Rehearing En Banc Denied June 7, 1976.

OPINION

DUNIWAY, Circuit Judge:

Azbill, a Nevada state prisoner, appeals from an order denying a writ of habeas corpus. We reverse and remand.

On December 27, 1967, while his wife Rose was lying on a bed, Azbill doused it with charcoal lighter fluid and set it ablaze. Charged with murder, his principal defense was that Rose had died before the fire was set. He was convicted and sentenced...

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