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PHYLE v. DUFFY

Docket No. S.F. 17855.

34 Cal.2d 144 (1949)

208 P.2d 668

ANNA M. PHYLE, Appellant, v. CLINTON T. DUFFY, as Warden of the State Prison, etc., Respondent.

Supreme Court of California. In Bank.

August 1, 1949.

Attorney(s) appearing for the Case

Morris Lavine for Appellant.

Fred N. Howser, Attorney General, and Clarence A. Linn, Deputy Attorney General, for Respondent.

EDMONDS, J.

William Jerome Phyle's conviction of murder and sentence to death was reviewed and affirmed upon appeal. (People v. Phyle, 28 Cal.2d 671 [171 P.2d 428].) In December, 1946, two days prior to the time set for his execution, the warden of San Quentin Prison, as authorized by section 3701 of the Penal Code, stated to the District Attorney of Marin County that there was "good reason to believe" Phyle was insane. In a proceeding to determine that...

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