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IN RE NEWBERN

Docket No. 6589.

168 Cal.App.2d 472 (1959)

335 P.2d 948

In re EMERY TILGHMAN NEWBERN, on Habeas Corpus.

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

March 6, 1959.

Attorney(s) appearing for the Case

Earl Klein for Petitioner.

Roger Arnebergh, City Attorney (Los Angeles), Philip E. Grey, Assistant City Attorney, and William E. Doran, Deputy City Attorney, for Respondent.

THE COURT.

By means of habeas corpus the petitioner seeks his release from custody after conviction upon his plea of guilty of a misdemeanor, the violation of section 41.27(a) of the Los Angeles Municipal Code (drunk in a public place). In support of his petition for release he asserts that the judgment rendered was in excess of the jurisdiction of the court in that it was in effect a judgment of banishment and that...

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