Brown, In re

Decision Date05 March 1965
Docket NumberCr. 8567
Citation42 Cal.Rptr. 838,62 Cal.2d 902
CourtCalifornia Supreme Court
Parties, 399 P.2d 374 In re Charles Robert Carrol BROWN on Habeas Corpus.

Sam Bubrick, Los Angeles, under appointment by the Supreme Court, for petitioner.

Thomas C. Lynch, Atty. Gen., and Albert W. Harris, Jr., Deputy Atty. Gen., for respondents.

PEEK, Justice.

We issued an order to show cause in this matter so that we might consider whether petitioner would be entitled to relief by writ of habeas corpus in the event we should determine that an appeal did not lie from an order adjudging him insane and committing him to a state hospital pursuant to sections 1368 et seq. of the Penal Code.

In People v. Brown, Cal., 42 Cal.Rptr. 837, 399 P.2d 373, filed this day, it is concluded that petitioner is entitled to appeal. No other basis appears for issuance of the writ.

The order to show cause is discharged, and the petition for writ of habeas corpus is denied.

TRAYNOR, C. J., and McCOMB, PETERS, TOBRINER, MOSK, and SCHAUER,* JJ., concur.

* Retired Associate Justice of the Supreme Court sitting under assignment by the Chairman of the Judicial Council.

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2 cases
  • Gardella v. Field
    • United States
    • U.S. District Court — Central District of California
    • 31 Julio 1968
    ...availability of state habeas corpus. See In Re Fields, 62 Cal.2d 900, 42 Cal.Rptr. 836, 399 P.2d 372 (1965); In Re Brown, 62 Cal.2d 902, 42 Cal.Rptr. 838, 399 P.2d 374 (1965); Cf. In Re Jackson, supra. Also see, In Re Sandell, 64 Cal.2d 412, 413-414 fn. 1, 50 Cal.Rptr. 462, 412 P.2d 806 (19......
  • Tippett v. Nelson
    • United States
    • U.S. District Court — Central District of California
    • 3 Septiembre 1971
    ...the availability of State habeas corpus. In re Fields, 62 Cal.2d 900, 42 Cal.Rptr. 836, 399 P.2d 372 (1965); In re Brown, 62 Cal.2d 902, 42 Cal.Rptr. 838, 399 P.2d 374 (1965). Therefore, it is hereby ordered that the Petition for Writ of Habeas Corpus be, and the same is, ...

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