Peter Bogart and June Bogart v. People of the State of California

This appeal was set for oral argument on March 4, 1969. At that time, upon oral motion made by counsel for appellants to be relieved as counsel for appellants, and upon consent expressed in open court by each appellant that the motion be granted, the motion was granted. Appellants thereupon each requested in open court that the appeal be submitted on the brief on file (no brief had been filed by appellee). It was so ordered.

This matter has been before this court previously. For a recital of the complicated facts through 1965, see our opinion appearing at 355 F.2d 377 (1966), particularly pages 378 to 380. In that case we concluded: “The order of the district court remanding the cause to the state court is affirmed.” The date of that opinion was January 13, 1966. A petition for rehearing was denied by this court on February 21, 1966. A petition for certiorari was filed with the Supreme Court of the United States, and we stayed our mandate. The petition for certiorari was denied by the Supreme Court on October 10, 1966, 385 U.S. 888 , 87 S.Ct. 132 , 17 L.Ed.2d 117 , and a rehearing denied by that same Court on November 21, 1966, 385 U.S. 964 , 87 S.Ct. 400 , 17 L.Ed.2d 310 .

Our…