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IN RE EARLEY

Docket No. Crim. 17574.

14 Cal.3d 122 (1975)

534 P.2d 721

120 Cal. Rptr. 881

In re WAYNE D. EARLEY on Habeas Corpus.

Supreme Court of California. In Bank.

May 1, 1975.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., and Jack R. Winkler, Chief Assistant Attorneys General, Edward P. O'Brien and William E. James, Assistant Attorneys General, Robert R. Granucci and Ronald E. Niver, Deputy Attorneys General, for Appellant.

William K. Rentz and James S. Hurwitz for Respondent.

OPINION

BURKE, J.*

This is an appeal by the People from a Marin County Superior Court order granting a writ of habeas corpus. (See Pen. Code, § 1506.)1 The People's sole contention is that the court erred in determining that Wayne D. Earley's conduct was not prohibited by section 209 (kidnaping for the purpose of robbery) as...

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