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IN RE McINTURFF

Docket No. Crim. 5233.

37 Cal.2d 876 (1951)

236 P.2d 574

In re ROBERT C. McINTURFF, on Habeas Corpus.

Supreme Court of California. In Bank.

October 26, 1951.

Attorney(s) appearing for the Case

Fred N. Howser and Edmund G. Brown, Attorneys General, Clarence A. Linn and Gail A. Strader, Deputy Attorneys General, for Appellant.

Oscar A. Kistle, Public Defender (Sacramento) and Thomas W. Olson, Jr., Assistant Public Defender, for Respondent.

SCHAUER, J.

The superior court, in this habeas corpus proceeding, determined that petitioner was unlawfully confined in the state prison at Folsom and ordered that he be discharged. The People appeal. The question is whether the writ of habeas corpus is available, after final judgment of conviction and sentence, to review the trial court's erroneous refusal to certify petitioner to the Youth Authority. We have concluded that the writ cannot be used for this purpose...

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