IN RE KING

Docket No. Crim. 14130.

3 Cal.3d 226 (1970)

474 P.2d 983

90 Cal. Rptr. 15

In re CLENNON WASHINGTON KING on Habeas Corpus.

Supreme Court of California. In Bank.

October 2, 1970.


Attorney(s) appearing for the Case

COUNSEL

Heisler & Stewart, Francis Heisler, Peter Haberfeld and C.B. King for Petitioner.

Oscar Williams and Charles Stephen Ralston as Amici Curiae on behalf of Petitioner.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Mark Leicester, Deputy Attorney General, for Respondent.


OPINION

TOBRINER, J.

On February 7, 1967, after a nonjury trial, petitioner Clennon Washington King was convicted of failure to support his children in violation of Penal Code section 270.1 Based on petitioner's absence from the state for 30 days, the offense was adjudged a felony. In this habeas corpus proceeding, petitioner attacks the constitutionality of the felony provision of section 270.

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