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COOPER v. FITZHARRIS

No. 74-2998.

551 F.2d 1162 (1977)

Troy COOPER, Petitioner-Appellant, v. C. J. FITZHARRIS, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

April 11, 1977.

Attorney(s) appearing for the Case

Troy Cooper in pro per.

Evelle J. Younger, Atty. Gen., Ann K. Jensen, Deputy Atty. Gen., San Francisco, Cal., for respondent-appellee.

Before DUNIWAY and HUFSTEDLER, Circuit Judges, and EAST, District Judge.

EAST, District Judge:

Cooper, a State prisoner, appeals from the District Court's denial of his 28 U.S.C. § 2254 habeas petition. We note jurisdiction under 28 U.S.C. § 2253, and reverse and remand.

Cooper was indicted in 1964 by a State of California, San Francisco County grand jury, charging him with the crimes of burglary, assault, rape and robbery. A jury found Cooper guilty on all counts, and the court's judgment of conviction and sentence to...

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