PHYLE v. DUFFY

No. 655.

334 U.S. 431 (1948)

PHYLE v. DUFFY, WARDEN.

Supreme Court of United States.

Decided June 7, 1948.


Attorney(s) appearing for the Case

Morris Lavine argued the cause and filed a brief for petitioner.

Clarence A. Linn, Deputy Attorney General of California, argued the cause for respondent. With him on the brief was Fred N. Howser, Attorney General.


MR. JUSTICE BLACK delivered the opinion of the Court.

The petitioner is under sentence of death for murder in the first degree imposed by a California superior court and affirmed by the State Supreme Court. 28 Cal.2d 671, 171 P.2d 428. The validity of that sentence is not here challenged.1 But § 1367 of the California Penal Code provides that "A person cannot be tried, adjudged to punishment...

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