IN RE McKINNEY

Docket No. Crim. 12698.

70 Cal.2d 8 (1968)

447 P.2d 972

73 Cal. Rptr. 580

In re GENE ALLEN McKINNEY on Habeas Corpus.

Supreme Court of California. In Bank.

December 20, 1968.


Attorney(s) appearing for the Case

Allen, Perry & Davis, Harold L. Perry, Treuhaft, Walker & Burnstein and Robert E. Treuhaft for Petitioner.

Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, and Michael J. Phelan, Deputy Attorney General, for Respondent.


PETERS, J.

Gene Allen McKinney petitions for a writ of habeas corpus. The Superior Court of Alameda County found that by refusing to answer questions as a witness at a trial, McKinney was guilty of criminal contempt of court in violation of subdivision 6 of section 166 of the Penal Code which defines the crime as a misdemeanor. Petitioner was sentenced to imprisonment in the county jail for six months less time previously served for violation of this section.

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