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IN RE KEMP

Docket No. Crim. 13136.

1 Cal.3d 190 (1969)

460 P.2d 481

81 Cal. Rptr. 609

In re DARRYL THOMAS KEMP on Habeas Corpus.

Supreme Court of California. In Bank.

November 14, 1969.

Attorney(s) appearing for the Case

COUNSEL

Marshall, Busby & Clark and Dwain Clark for Petitioner.

Thomas C. Lynch, Attorney General, John T. Murphy and Horace Wheatley, Deputy Attorneys General, for Respondent.

OPINION

PETERS, J.

Darryl Thomas Kemp, under sentence of death for murder, petitions for a writ of habeas corpus. The writ must be granted as to the penalty under the rules announced in Witherspoon v. Illinois (1968) 391 U.S. 510 [20 L.Ed.2d 776, 88 S.Ct. 1770], but denied insofar as the petition seeks to attack the judgment of guilt.

Petitioner was convicted after a jury trial...

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