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IN RE BERRY

Docket No. Crim. 11117.

68 Cal.2d 137 (1968)

436 P.2d 273

65 Cal. Rptr. 273

In re COLIN SCOTT BERRY et al. on Habeas Corpus.

Supreme Court of California. In Bank.

January 24, 1968.

Attorney(s) appearing for the Case

Coleman A. Blease and Lawrence K. Karlton for Petitioners.

Albert M. Bendich, Paul N. Halvonik, Bodle, Fogel, Julber & Reinhardt, George E. Bodle, Daniel Fogel, Stephen Reinhardt and Loren R. Rothschild as Amici Curiae on behalf of Petitioners.

Thomas C. Lynch, Attorney General, Arlo E. Smith, Chief Assistant Attorney General, Doris H. Maier, Assistant Attorney General, John M. Price, District Attorney, Robert Puglia, Chief Deputy District Attorney, John B. Heinrich, County Counsel, and L.B. Elam, Deputy County Counsel, for Respondent.

SULLIVAN, J.

Petitioners are charged with criminal contempt, a misdemeanor, for willful disobedience of an order of the superior court. (Pen. Code, § 166, subd. 4.) Prior to the entry by them of a responsive pleading to the complaint (see Pen. Code, §§ 949, 1002, 1003, 1004, 1016) but subsequent to their release upon posting bail, they applied for a writ of habeas corpus in the superior court, alleging that they were being illegally restrained of their...

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