IN RE WALKER

Docket No. Crim. 16711.

10 Cal.3d 764 (1974)

518 P.2d 1129

112 Cal. Rptr. 177

In re ERWIN M. WALKER on Habeas Corpus.

Supreme Court of California. In Bank.

February 14, 1974.


Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Herbert L. Ashby and Edward A. Hinz, Jr., Chief Assistant Attorneys General, William E. James, Doris H. Maier and Edward P. O'Brien, Assistant Attorneys General, and Gloria F. DeHart, Deputy Attorney General, for Appellant.

Atherton Phleger and Brobeck, Phleger & Harrison for Respondent.

Peter J. Donnici, John J. Grey, Charles C. Marson, Joseph Remcho, Peter E. Sheehan and Larry Sleizer as Amici Curiae on behalf of Respondent.


OPINION

BURKE, J.

The People appeal from an order granting a writ of habeas corpus which, in its effect, sets aside petitioner Erwin M. Walker's 1947 convictions on one count of first degree murder and two counts of attempted murder. (See Pen. Code, § 1506.) For the reasons hereinafter stated we have concluded that the order must be reversed but that petitioner's sentence of life imprisonment without possibility of parole...

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