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IN RE DEVLIN

Docket No. 3208.

139 Cal.App.2d 810 (1956)

294 P.2d 466

In re EDWARD J. DEVLIN, on Habeas Corpus.

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

March 13, 1956.

Attorney(s) appearing for the Case

Alfred J. Hennessy and Julien R. Bauer for Petitioner.

Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, Arlo E. Smith, Deputy Attorney General, Thomas C. Lynch, District Attorney (San Francisco), and Jack Berman, Deputy District Attorney, for Respondents.

PETERS, P.J.

This is a proceeding in habeas corpus to determine whether petitioner has been once in jeopardy on the charges for which the county seeks to place him on trial.

The petitioner was indicted, charged with the commission of several felonies. He pleaded not guilty. His trial commenced on October 17, 1955. On that date 12 jurors were duly and properly selected, impaneled and sworn. The trial was then continued by consent to October 18, 1955. On that...

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