LITTLE v. RHAY

No. 26622.

439 F.2d 765 (1971)

John M. LITTLE, Petitioner-Appellant, v. B. J. RHAY, Superintendent, Washington State Penitentiary, Walla Walla, Washington, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

March 24, 1971.


Attorney(s) appearing for the Case

John M. Little, in pro. per.

Slade Gorton, Atty. Gen., Olympia, Wash., for respondent-appellee.

Before MERRILL, HUFSTEDLER and KILKENNY, Circuit Judges.


PER CURIAM:

Little appeals from the denial, without an evidentiary hearing, of his application for a writ of habeas corpus. Convicted of aiding and abetting the possession of narcotics, Little argues that the heroin introduced at his trial was the fruit of an illegal search and seizure.

The availability of a full record of the state hearing on the motion to suppress and the lack of a substantial dispute as to the evidentiary facts render an evidentiary hearing...

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