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IN RE HUDDLESON

Docket Nos. 4488, 4602.

229 Cal.App.2d 618 (1964)

40 Cal. Rptr. 581

In re ALBERT ROY HUDDLESON on Habeas Corpus. THE PEOPLE, Plaintiff and Appellant, v. EVERETT HILL et al., Defendants and Respondents.

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

September 14, 1964.

Attorney(s) appearing for the Case

Stanley Mosk, Attorney General, Albert W. Harris, Jr., and Derald E. Granberg, Deputy Attorneys General, Thomas C. Lynch, District Attorney, and Janet Aitken, Assistant District Attorney, for Appellant in Crim. No. 4488 and Plaintiff and Appellant in Crim. No. 4602.

Edward T. Mancuso, Public Defender, and Claude D. Perasso, Deputy Public Defender, for Respondent in Crim. No. 4488.

Marshall W. Krause and Hartly Fleischmann for Defendants and Respondents in Crim. No. 4602.

SULLIVAN, J.

These separate cases present a single common issue: the constitutionality of subdivision (2) of section 647a of the Penal Code. This subdivision provides: "Every person who loiters about any school or public place at or near which children attend or normally congregate is a vagrant, and is punishable by a fine of not exceeding five hundred dollars ($500) or by imprisonment in the county jail for not exceeding...

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