Robert W. Sjosten, Plaintiff and Appellant, v. Merle Scheckloth, Etc., Appellee, 443 F.2d 1181 (9th Cir. 1971)

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US Court of Appeals for the Ninth Circuit - 443 F.2d 1181 (9th Cir. 1971) July 7, 1971

Appeal from the United States District Court for the Northern District of California; Lloyd H. Burke, Judge.

Robert W. Sjosten, in pro. per.

Evelle J. Younger, Cal. Atty. Gen., Gary S. Garfinkle, Deputy Atty. Gen., (appeared), San Francisco, Cal., for appellee.

Before CHAMBERS and KOELSCH, Circuit Judges, and von der HEYDT, District Judge.


The order denying habeas corpus relief is affirmed.

First, we find that Sjosten has never presented or attempted to present the point to a California state court which he makes in federal court.

Further, on the facts here, the error does not rise to constitutional dimensions. The evidence of guilt was overwhelming.