IN RE KOEHNE

Docket No. Crim. 7286.

59 Cal.2d 646 (1963)

381 P.2d 633

30 Cal. Rptr. 809

In re RUDOLPH KOEHNE on Habeas Corpus.

Supreme Court of California. In Bank.

May 21, 1963.


Attorney(s) appearing for the Case

Rudolph Koehne, in pro. per., and Earl Klein, under appointment by the Supreme Court, for Petitioner.

Roger Arnebergh, City Attorney (Los Angeles), Philip E. Grey, Assistant City Attorney, Wm. E. Doran and Charles W. Sullivan, Deputy City Attorneys, for Respondent.


McCOMB, J.

Petitioner (hereinafter referred to as "defendant") seeks a writ of habeas corpus, claiming that he is being illegally restrained of his liberty by the Chief of Police of the City of Los Angeles.

Facts: Defendant was convicted of violating section 41.27(a) of the Los Angeles Municipal Code, which provides in part: "No person shall be or appear in a state of drunkenness or intoxication upon any public street, sidewalk, highway or alley...

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