KINCAID, J. pro tem.
James Thomas Joiner, hereinafter referred to as petitioner, is in custody in the Los Angeles County jail pending trial in the superior court of the crimes of burglary in violation of section 459, and of grand theft in violation of section 487, subdivision 3, Penal Code, felonies. He has now filed a petition for a writ of habeas corpus contending that, assuming all facts testified to by witnesses at the
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