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IN RE SMITH

Docket No. Crim. 15986.

7 Cal.3d 362 (1972)

497 P.2d 807

102 Cal. Rptr. 335

In re CHAD MERRILL SMITH on Habeas Corpus.

Supreme Court of California. In Bank.

June 13, 1972.

Attorney(s) appearing for the Case

COUNSEL

Odorico & Franklin and J. David Franklin for Petitioner.

Evelle J. Younger, Attorney General, Herbert L. Ashby, Chief Assistant Attorney General, Doris H. Maier, Assistant Attorney General, Mark L. Christiansen and Alexander B. McDonald, Deputy Attorneys General, for Respondent.

OPINION

MOSK, J.

This is a petition for writ of habeas corpus by Chad Merrill Smith, who is under the constructive restraint of probation following his conviction of indecent exposure. (Pen. Code, § 314, subd. 1.)

The issue is whether the act of sunbathing in the nude on an isolated beach, without intent to engage in sexual activity, is punishable under a statute which makes...

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