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EVANS v. EYMAN

No. 20260.

363 F.2d 540 (1966)

Wilmer W. EVANS, Appellant, v. Frank A. EYMAN, Warden Arizona State Prison, and State of Arizona, Appellees.

United States Court of Appeals Ninth Circuit.

July 13, 1966.

Attorney(s) appearing for the Case

Wilmer W. Evans, in pro. per.

Darrell F. Smith, Atty. Gen. of Arizona, James S. Tegart, Asst. Atty. Gen., Phoenix, Ariz., for appellees.

Before HAMLEY and JERTBERG, Circuit Judges, and THOMPSON, District Judge.

HAMLEY, Circuit Judge:

Wilmer W. Evans, in Arizona penal custody following his state conviction and sentence for first-degree murder, appeals from a district court order, entered without hearing, denying his application for a writ of habeas corpus.

Nine asserted grounds for relief are set out in Evans' application for a writ. We agree with appellee, however, that only one of these presents a question cognizable in a federal habeas corpus proceeding by a state...

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