Court of Appeals for the Ninth Circuit April 22, 1968, 21783_1 (Rufus Earl Davis v. Walter Dunbar, Director, California Department of Correction)

ELY, Circuit Judge:

The appellant is a California state prisoner serving an indeterminate sentence of confinement for a period of six months to ten years. The sentence followed his final conviction, in the California courts, of the offense of assault with a deadly weapon. Cal.Pen.Code § 245.