IN RE DABNEY

Docket No. Crim. 13003.

71 Cal.2d 1 (1969)

452 P.2d 924

76 Cal. Rptr. 636

In re ISRAEL DABNEY on Habeas Corpus.

Supreme Court of California. In Bank.

April 23, 1969.


Attorney(s) appearing for the Case

C. William Simmons, under appointment by the Supreme Court, for Petitioner.

Thomas C. Lynch, Attorney General, Edward P. O'Brien, Derald E. Granberg and Don Jacobson, Deputy Attorneys General, for Respondent.


TOBRINER, J.

Israel Dabney petitions for a writ of habeas corpus claiming that both his conviction and his augmented penalty as a second narcotics offender were obtained by means of a constitutionally invalid prior conviction. At petitioner's trial the People introduced before the jury an unconstitutionally obtained prior conviction to prove his guilt by impeaching petitioner's testimony and by demonstrating his knowledge that a packet alleged to be in his possession...

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