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KRECK v. SPALDING

No. 81-3106.

721 F.2d 1229 (1983)

Charles KRECK, Plaintiff-Appellee, v. James SPALDING, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided December 13, 1983.

Attorney(s) appearing for the Case

Victor J. Felice, Mark Vovos, Vovos, Voermans & Murphy, Spokane, Wash., for plaintiff-appellee.

LeRoy C. Kinnie, Chief Deputy Pros. Atty., Spokane, Wash., for defendant-appellant.

Before SCHROEDER and ALARCON, Circuit Judges, and HATFIELD, District Judge.

HATFIELD, District Judge.

Appellant seeks reversal of the judgment of the District Court for the Eastern District of Washington granting the appellee a Writ of Habeas Corpus and vacating the conviction of the appellee for second degree felony murder. The appellant, State of Washington (hereinafter the "State"), raises on appeal the issues of (1) whether or not the information by which the appellee was charged is sufficient to sustain the appellee's conviction for...

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