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IN RE HARRIS

Docket No. Crim. 12308.

69 Cal.2d 486 (1968)

446 P.2d 148

72 Cal. Rptr. 340

In re HENDERSON HARRIS on Habeas Corpus.

Supreme Court of California. In Bank.

October 30, 1968.

Attorney(s) appearing for the Case

Jane R. Brady for Petitioner.

John D. Maharg, County Counsel, and Jean Louise Webster, Deputy County Counsel, for Respondent.

Agnew, Miller, Carlson & Powers and Maynard J. Klein for Real Party in Interest.

TRAYNOR, C.J.

Petitioner is in the constructive custody of bail under a civil arrest order of the Los Angeles County Superior Court. He questions the constitutionality of the statutes that authorize arrest and imprisonment on an ex parte application of the plaintiff in a civil action. (Code Civ. Proc., §§ 478-504.) The statutes do not require that the defendant be brought into court after his arrest or that he be notified that he has the right to release...

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