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CHOUNG v. MISTERLY

No. 71-1335.

456 F.2d 176 (1972)

George CHOUNG, Petitioner-Appellee, v. John MISTERLY, Sheriff of Sacramento County, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied April 6, 1972.

Attorney(s) appearing for the Case

Jack R. Winkler, Deputy Atty. Gen. (argued), Edsel W. Haws, Deputy Atty. Gen., Doris H. Maier, Asst. Atty. Gen., Evelle J. Younger, Atty. Gen., Sacramento, Cal., for respondent-appellant.

Lawrence Karlton (argued), of Karlton & Blease, Sacramento, Cal., Paul N. Halvonik and Charles Marson, San Francisco, Cal., for petitioner-appellee.

Before TRASK and CHOY, Circuit Judges, and BYRNE, District Judge.

TRASK, Circuit Judge:

This appeal is from an order of a Federal District Court granting a state prisoner's petition for habeas corpus. The petitioner alleges numerous constitutional defects in the state statute and the court proceeding which resulted in his conviction under California Penal Code § 602.9, for disrupting a school campus. Judgment was rendered sentencing appellee and petitioner to 90 days imprisonment in the county jail and payment of a $600 fine...

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