Joseph L. Dyer v. Lawrence E. Wilson

Caution
363 F.2d 955·1966 U.S. App. LEXIS 5390
United States Court of Appeals for the Ninth CircuitJuly 22, 196620732_1California90 words

Opinion

Appellant, a California state prisoner, seeks his release from custody by writ of habeas corpus. The district court denied him relief. We affirm.

By his petition appellant attacks the legality of his conviction by the Superior Court of the State of California on April 12, 1962, of the crimes of kidnapping, rape and robbery. However, he is presently serving sentences previously imposed by said court as punishment for several other crimes. His petition is premature. McNally v. Hill, 293 U.S. 131 , 55 S.Ct. 24 , 79 L.Ed. 238 (1932).