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PEOPLE v. SMITH

Docket No. 2771.

108 Cal.App.2d 696 (1952)

239 P.2d 466

THE PEOPLE, Respondent, v. HARRY DWIGHT SMITH, Appellant.

Court of Appeals of California, First District, Division One.

January 16, 1952.

Attorney(s) appearing for the Case

Edward R. Plotner and Kroninger & Zographon for Appellant.

Edmund G. Brown, Attorney General, Clarence A. Linn and Winslow L. Christian, Deputy Attorneys General, for Respondent.

PETERS, P.J.

In 1944 Harry Dwight Smith was charged with burglary. He pleaded guilty before the then existing Police Court of Oakland. Upon his arraignment in the superior court he again admitted the charge, and the degree of the crime was fixed at burglary in the first degree. He was thereupon sentenced to imprisonment for the term prescribed by law. No appeal was taken. In May of 1951, approximately seven years later, he filed a petition for a writ of error coram...

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