IN RE McWHINNEY

Docket No. 3299.

267 Cal.App.2d 691 (1968)

73 Cal. Rptr. 291

In re DEAN ELLIOT McWHINNEY on Habeas Corpus.

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

November 26, 1968.


Attorney(s) appearing for the Case

Richard S. Henderson for Petitioner.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Thomas S. Kerrigan, Deputy Attorney General, for Respondent.


COUGHLIN, J.

Pursuant to a judgment in a criminal case, petitioner was committed to the state prison where he remained until paroled; contends his commitment was illegal because he was denied the right to counsel; and concludes his detention under the parole violation order was illegal because of the illegality of the commitment. He petitioned this court for a writ of habeas corpus and we issued an order to show cause why the writ should not be granted.

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