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IN RE CREGLER

Docket No. Crim. 6893.

56 Cal.2d 308 (1961)

363 P.2d 305

14 Cal. Rptr. 289

In re HOLLAND CREGLER on Habeas Corpus.

Supreme Court of California. In Bank.

July 20, 1961.

Attorney(s) appearing for the Case

Benjamin M. Davis and John H. Sutter for Petitioner.

Stanley Mosk, Attorney General, Arlo E. Smith, Deputy Attorney General, Thomas C. Lynch, District Attorney (San Francisco), and Francis Mayer, Chief Assistant District Attorney, for Respondent.

SCHAUER, J.

In this proceeding begun by a petition for prohibition but by stipulation to be considered as an application for the writ of habeas corpus, petitioner attacks the constitutionality of the provisions of subdivision 4 of section 647 of the Penal Code1 as that section read before it was repealed2 and a new section 647 enacted in 1961. (Stats. 1961, ch. 560.)

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