PATTERSON v. McCARTHY

No. 77-2803.

581 F.2d 220 (1978)

Darrell PATTERSON, Petitioner-Appellee, v. Dan McCARTHY, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

August 28, 1978.


Attorney(s) appearing for the Case

Joyce L. Kennard, Deputy Atty. Gen., Los Angeles, Cal., for respondent-appellant.

Larry M. Baker (argued) of Ross & Baker, Los Angeles, Cal., for petitioner-appellee.

Before MERRILL, GOODWIN and TANG, Circuit Judges.


PER CURIAM:

This is an appeal by the Superintendent of the California Men's Colony from the district court's grant of a writ of habeas corpus discharging petitioner from custody and setting aside his conviction. We affirm.

Petitioner was charged with murder and robbery and was tried in California Superior Court before a jury. Willie Daniels, the prosecution's only eye witness, testified under a grant of immunity and related many of the crucial events surrounding...

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