STEPHENS v. TOOMEY

Docket No. S.F. 19968.

51 Cal.2d 864 (1959)

338 P.2d 182

JOSEPH STEPHENS, Petitioner, v. THOMAS A. TOOMEY, as Registrar of Voters, etc., Respondent.

Supreme Court of California. In Bank.

April 21, 1959.


Attorney(s) appearing for the Case

Kenneth C. Zwerin for Petitioner.

Dion R. Holm, City Attorney, Lawrence S. Mana, Chief Deputy City Attorney, and William J. Braun, Deputy City Attorney, for Respondent.

Edmund G. Brown, Attorney General, Clarence A. Linn, Chief Assistant Attorney General, and Richard S.L. Roddis, Deputy Attorney General, as Amici Curiae on behalf of Respondent.


SHENK, J.

This is a petition for a writ of mandate to compel the registrar of voters of the city and county of San Francisco to register the petitioner as an elector. The registrar refused on the ground that he had been convicted of an infamous crime as contemplated by section 1 of article II of the Constitution of the state and was therefore ineligible to vote.

On October 6, 1954, the petitioner entered a plea of guilty to the crime of robbery, found by the...

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