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TRUJILLO v. STONE

No. C 73-2054-OJC.

384 F.Supp. 633 (1974)

Manuel TRUJILLO, Petitioner, v. Walter T. STONE, Respondent.

United States District Court, N. D. California.

October 18, 1974.

Attorney(s) appearing for the Case

James F. Hewitt, Federal Public Defender, Marcus S. Topel, Asst. Federal Public Defender, San Francisco, Cal., for petitioner.

Evelle J. Younger, Atty. Gen. of Cal., Jack R. Winkler, Chief Asst. Atty. Gen., Edward P. O'Brien, Asst. Atty. Gen., William D. Stein, Thomas W. Condit, Deputy Attys. Gen., San Francisco, Cal., for respondent.

DENIAL OF PETITION FOR WRIT OF HABEAS CORPUS

OLIVER J. CARTER, Chief Judge.

After a jury trial in state court, petitioner was convicted of both second-degree burglary (Cal.Penal Code §§ 459, 460) and receiving stolen property (Cal. Penal Code § 496). In his petition for writ of habeas corpus, petitioner contends that the failure to give a jury instruction that he could not be convicted of both crimes was an error of constitutional proportions...

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