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IN RE VIZZARD

Docket No. 4574.

255 Cal.App.2d 571 (1967)

63 Cal. Rptr. 305

In re HUGH R. VIZZARD on Habeas Corpus.

Court of Appeals of California, Third District.

October 31, 1967.

Attorney(s) appearing for the Case

W. Austin Cooper, under appointment by the Court of Appeal, for Petitioner.

Thomas C. Lynch, Attorney General, Edsel W. Haws and Daniel J. Kremer, Deputy Attorneys General, for Respondent.

THE COURT

On May 10, 1966, this court filed its decision denying petitions for habeas corpus sought by Kenneth Van Brunt and Hugh Vizzard (Crim. Nos. 3996 and 4003; reported as In re Van Brunt, 242 Cal.App.2d 96 [51 Cal.Rptr. 136]). A year later, on May 5, 1967, the Supreme Court filed its decision in In re Smiley,

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