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MacDONALD v. MUSICK

No. 22781.

425 F.2d 373 (1970)

Hugh Wendell MacDONALD, Appellant, v. James A. MUSICK, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 2, 1970.

Attorney(s) appearing for the Case

Hillel Chodos (argued), Beverly Hills, Cal., for appellant.

Oretta D. Sears (argued), Deputy Dist. Atty., Cecil Hicks, Dist. Atty., Santa Ana, Cal., for appellee.

Before DUNIWAY, HUFSTEDLER and KILKENNY, Circuit Judges.

DUNIWAY, Circuit Judge:

Habeas corpus. The District Court denied the writ. We reverse. MacDonald has exhausted his state remedies.

On January 9, 1965, MacDonald was driving his car in Newport Beach, California. He was stopped by the local police and ultimately arrested and taken to the police station. There he was booked as violating section 23102(a) of the Vehicle Code of California, which makes it a misdemeanor for "any person who is under the influence...

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