Edgar Liston Seward v. Robert A. Heinze, Warden

Good Law
262 F.2d 42·1958 U.S. App. LEXIS 3397
United States Court of Appeals for the Ninth CircuitDecember 12, 1958807_1California805 words

Opinion

Opinion

Pope, J.

Seward addressed an application for a certificate of probable cause to Judge Stephens, Chief Judge of this Court, and that application has been assigned to me for consideration and action.

Petitioner has not furnished with that application the record of his proceedings in the district court but I am proceeding to consider his application upon the basis of what he alleges in the petition as presented here. From that it appears that petitioner was convicted of burglary and violation of the Deadly Weapons Act of California, West’s Ann.Pen.Code, § 12000 et seq. in a California court and sentenced to a term in the California State Prison, During his service under that sentence he was tried and convicted of burglary and escape in San Joaquin County, California, and sentenced to further terms of imprisonment to run consecutively and concurrently with prior terms. He was transferred to the State Prison at Folsom, again returned to a State court where he was again convicted of grand theft in Los Angeles County and sentenced, the term to run concurrently with prior terms. In May, 1952, petitioner was released on parole. The following month he was arrested and charged with violation of the…

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