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IN RE ESTRADA

Docket No. Crim. 8524.

63 Cal.2d 740 (1965)

408 P.2d 948

48 Cal. Rptr. 172

In re GEORGE RAMIREZ ESTRADA on Habeas Corpus.

Supreme Court of California. In Bank.

December 23, 1965.

Attorney(s) appearing for the Case

George Ramirez Estrada, in pro. per., and Robert N. Beechinor, under appointment by the Supreme Court, for Petitioner.

Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Robert R. Granucci and John F. Kraetzer, Deputy Attorneys General, for Respondents.

PETERS, J.

[1a] A criminal statute is amended after the prohibited act is committed, but before final judgment, by mitigating the punishment. What statute prevails as to the punishment — the one in effect when the act was committed or the amendatory act? That is the question presented by this petition. In People v. Harmon, 54 Cal.2d 9 [4 Cal.Rptr. 161...

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