Chrisman v. Field

448 F.2d 175 Anthony Lloyd CHRISMAN, Petitioner and Appellant, v. Harold V. FIELD, Superintendent of the California Men's Colony, West, San Luis Obispo, and the People of the State of California, Respondents and Appellees. No. 25644. United States Court of Appeals, Ninth Circuit. Aug. 31, 1971. Rehearing Denied Jan. 5, 1972. 1 Sheldon Portman, San Jose, Cal., for petitioner and appellant. 2 Evelle J. Younger, Cal. Atty. Gen., Derald E. Granberg, Clifford K. Thompson, Jr., Deputy Attys. Gen., San Francisco, Cal., for respondents and appellees. 3 Before KILKENNY and TRASK, Circuit Judges, and BYRNE, * District Judge. WILLIAM M. BYRNE, District Judge: 4 The Grand Jury of Santa Clara County, California, indicted Anthony Lloyd Chrisman on a charge of furnishing and transporting heroin, conspiring to commit burglary and to possession of heroin, all violations of California Law. Having waived a jury trial, Chrisman was found guilty on each count following a trial by the court on a stipulated record of prior proceedings. Chrisman, whose conviction was affirmed by the California Court of Appeal save for the transportation of heroin charge which was the subject of an order for new trial,…