Morris Davis, Jr. v. Justice Court for the Pixley Judicial District, County of Tulare, State of California, Tony Rushing v. Justice Court for the Pixley Judicial District, County of Tulare, State of California

439 F.2d 701 Morris DAVIS, Jr., Appellant, v. JUSTICE COURT FOR the PIXLEY JUDICIAL DISTRICT, COUNTY OF TULARE, STATE OF CALIFORNIA, Appellee. Tony RUSHING, Appellant, v. JUSTICE COURT FOR the PIXLEY JUDICIAL DISTRICT, COUNTY OF TULARE, STATE OF CALIFORNIA, Appellee. No. 24204. No. 24205. United States Court of Appeals, Ninth Circuit. March 24, 1971. Dennis Powell (argued), William B. Daniels, Salinas, Cal., for appellants. Charles P. Just, Deputy Atty. Gen. (argued); Evelle J. Younger, Atty. Gen., Sacramento, Cal., for appellee. Before MADDEN, * Judge of the United States Court of Claims, and DUNIWAY and KILKENNY, Circuit Judges. KILKENNY, Circuit Judge: 1 Appellants were convicted in justice court of petty theft, a violation of California Penal Code, § 488. After exhausting state court remedies, each filed a habeas corpus petition in the district court. After a hearing on the transcript of the habeas proceeding in the superior court of the state of California for Tulare County, the district court denied the petitions. At the time of the arguments, the cases were consolidated for hearing and decision. BACKGROUND 2 The state court record supports the following summary of…