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404 F.2d 745

Docket No. 22745.

Wells v. Craven

Ninth Circuit Court of Appeals

Decided Dec. 19, 1968.

Ninth Circuit Court of Appeals · decided 1968-12-19

Cited by 3 later decisions — most recently December 1969

3 federal appellate ·

2 counsel of record

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1968-12-19

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¶1*746Kenneth James Wells, in pro. per.

¶2Thomas C. Lynch, Atty. Gen., of Calif., Wm. E. James, Asst. Atty. Gen., Robert F. Katz, Deputy Atty. Gen., Los Angeles, Cal., for appellee.

¶3Before BROWNING, DUNIWAY and HUFSTEDLER, Circuit Judges.

¶4ORDER

¶5PER CURIAM.

¶6This 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 evi-dentiary 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.

¶7Reversed and remanded.

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