PAVAO v. CARDWELL

No. 76-3604.

583 F.2d 1075 (1978)

Frank Antonio PAVAO, Plaintiff-Appellant, v. Harold J. CARDWELL, Warden, Arizona State Prison, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied October 10, 1978.


PER CURIAM:

Appellant, a State prisoner, was convicted in 1974 of assault with a deadly weapon. There was strong evidence that he was a passenger in a car driven by a man named Osco, that he became angered by another motorist, and drew a gun and shot him from the car window. The victim lived despite a gunshot wound that penetrated to within a fraction of an inch from his heart. Appellant (who had previously been convicted elsewhere of assault with a deadly weapon...

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