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IN RE MILLER

Docket Nos. 1388, 1398.

33 Cal.App.3d 1005 (1973)

109 Cal. Rptr. 648

In re LEONARD ELLSWORTH MILLER on Habeas Corpus. THE PEOPLE, Plaintiff and Respondent, v. LEONARD ELLSWORTH MILLER, Defendant and Appellant.

Court of Appeals of California, Fifth District.

August 17, 1973.

Attorney(s) appearing for the Case

COUNSEL

Hadden W. Roth, under appointment by the Court of Appeal, for Petitioner and for Defendant and Appellant.

Evelle J. Younger, Attorney General, Herbert L. Ashby and Edward A. Hinz, Jr., Chief Assistant Attorneys General, William E. James and Doris H. Maier, Assistant Attorneys General, Daniel J. Kremer, Charles P. Just, Arnold O. Overoye and James T. McNally, Deputy Attorneys General, for Respondent and for Plaintiff and Respondent.

OPINION

GARGANO, J.

On February 11, 1970, the Grand Jury of Stanislaus County returned an indictment in the superior court of that county charging Leonard Ellsworth Miller, hereafter referred to as defendant, with murder in violation of Penal Code section 187, assault to commit murder in violation of Penal Code section 217, grand theft of a firearm in violation of Penal Code sections 484-487, subdivision 3, and auto theft in violation...

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