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Wells v. Craven

United States Court of Appeals, Ninth Circuit
Dec 19, 1968
404 F.2d 745 (9th Cir. 1968)

Opinion

No. 22745.

December 19, 1968.

Kenneth James Wells, in pro. per.

Thomas C. Lynch, Atty. Gen., of Calif., Wm. E. James, Asst. Atty. Gen., Robert F. Katz, Deputy Atty. Gen., Los Angeles, Cal., for appellee.

Before BROWNING, DUNIWAY and HUFSTEDLER, Circuit Judges.


ORDER


This is an appeal from a final order denying a writ of habeas corpus on the pleadings. We think one of appellant's contentions raised factual issues which cannot be resolved without an evidentiary hearing, namely, that a guilty plea was entered on appellant's behalf without knowledge on his part of the nature of the charge or the consequences of the plea. We cannot say that the record establishes conclusively that appellant's allegations are untrue. Neither the lapse of time nor the apparent loss of the transcript of the arraignment is a sufficient ground for denying a hearing.

Reversed and remanded.


Summaries of

Wells v. Craven

United States Court of Appeals, Ninth Circuit
Dec 19, 1968
404 F.2d 745 (9th Cir. 1968)
Case details for

Wells v. Craven

Case Details

Full title:Kenneth James WELLS, Appellant, v. Walter CRAVEN, Appellee

Court:United States Court of Appeals, Ninth Circuit

Date published: Dec 19, 1968

Citations

404 F.2d 745 (9th Cir. 1968)

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