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IN RE SPINKS

Docket No. 2844.

253 Cal.App.2d 748 (1967)

61 Cal. Rptr. 743

In re WILLIAM SPINKS on Habeas Corpus.

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

August 21, 1967.

Attorney(s) appearing for the Case

Edward T. Butler, City Attorney, Robert A. Fitch and Clayton L. Miller, Deputy City Attorneys, for Appellant.

Peter Clarke for Respondent.

COUGHLIN, J.

By petition for writ of habeas corpus, William Spinks alleged he was unlawfully imprisoned in the San Diego County jail; was a chronic alcoholic sentenced to that jail for 180 days, less one day suspended, for violation of Penal Code, section 647, subdivision (f); and this sentence violated the Eighth Amendment to the United States Constitution because his "acts were compulsive as symptomatic of his disease and that treatment of such acts as criminal...

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