IN RE KIRK

Docket No. Crim. 9195.

63 Cal.2d 761 (1965)

408 P.2d 962

48 Cal. Rptr. 186

In re LOY ROLLIN KIRK on Habeas Corpus.

Supreme Court of California. In Bank.

December 23, 1965.


Attorney(s) appearing for the Case

Loy Rollin Kirk, in pro. per., and Robert N. Beechinor, under appointment by the Supreme Court, for Petitioner.

Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, Edsel W. Haws and Richard K. Turner, Deputy Attorneys General, for Respondents.


PETERS, J.

This case presents the same problem involved in In re Estrada, ante, p. 740 [48 Cal.Rptr. 172, 408 P.2d 948], this day decided. That problem, as applied to this case, is whether petitioner is entitled to the benefits of a statute ameliorating the punishment passed after the criminal act was committed but before the judgment of conviction became final. In the Estrada

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