PEOPLE v. SUPERIOR COURT

Docket Nos. 27414, 27418, 8278.

3 Cal.App.3d 476 (1970)

83 Cal. Rptr. 771

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; CLARENCE PAUL MAHLE, JR., Real Party in Interest. In re CLARENCE PAUL MAHLE, JR., on Habeas Corpus. (Consolidated Cases.)

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

January 14, 1970.


Attorney(s) appearing for the Case

COUNSEL

Thomas C. Lynch, Attorney General, Derald E. Granberg and Clifford K. Thompson, Jr., Deputy Attorneys General, for Petitioner in Civ. Nos. 27414 and 27418 and for Respondent in Crim. No. 8278.

Sheldon Portman, Public Defender, and Rose E. Bird, Deputy Public Defender, for Real Party in Interest and for Petitioner in Crim. No. 8278.

No appearance for Respondent in Civ. Nos. 27414 and 27418.


OPINION

MOLINARI, P.J.

Clarence Paul Mahle, Jr., hereinafter referred to as "defendant," is presently confined in the Santa Clara County jail awaiting retrial of a case in which a second degree murder conviction was previously reversed on the ground of erroneous jury instructions. (People v. Mahle (1969) 273 Cal.App.2d 309 [78 Cal.Rptr. 360

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