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IN RE SMITH

Docket No. Crim. 9658.

64 Cal.2d 437 (1966)

412 P.2d 804

50 Cal. Rptr. 460

In re JAMES MILTON SMITH on Habeas Corpus.

Supreme Court of California. In Bank.

April 15, 1966.

Attorney(s) appearing for the Case

Robert K. Patch, under appointment by the Supreme Court, for Petitioner.

Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, and Raymond M. Momboisse, Deputy Attorney General, for Respondent.

McCOMB, J.

James Milton Smith was convicted of violating section 4501 of the Penal Code (aggravated assault by a prisoner serving a sentence of less than life). He now petitions for a writ of habeas corpus, seeking his discharge from custody.

Facts: In December 1959, petitioner, then 19 years old, was convicted of attempted robbery and committed to the Youth Authority. After being confined in the Correctional Training Facility at Soledad, he was transferred...

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