SCHOTTKY, J.
Petitioner, the father of Madera Macedo, a minor of the age of 4 years, filed in this court a petition for a writ of habeas corpus praying that the care, custody and control of said minor child be restored to him.
The petition alleged that petitioner and his wife, Bonnie Macedo, were divorced by an interlocutory decree entered in the Superior Court of Solano County on October 6, 1952,
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