Fields, In re, Cr. 8443

Decision Date05 March 1965
Docket NumberCr. 8443
Citation399 P.2d 372,62 Cal.2d 900,42 Cal.Rptr. 836
CourtCalifornia Supreme Court
Parties, 399 P.2d 372 In re N. K. FIELDS on Habeas Corpus.

N. K. Fields, in pro. per., and Morris Lavine, Los Angeles, under appointment by the Supreme Court, for petitioner.

Thomas C. Lynch, Atty. Gen., Albert W. Harris, Jr., and Robert R. Granucci, Deputy Attys. 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. Fields, Cal., 42 Cal.Rptr. 833, 399 P.2d 369, 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 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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3 cases
  • Gardella v. Field
    • United States
    • U.S. District Court — Central District of California
    • 31 Julio 1968
    ...to file timely notice of appeal seems sufficient to preclude the 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,......
  • People v. Fields
    • United States
    • California Supreme Court
    • 5 Marzo 1965
  • Tippett v. Nelson
    • United States
    • U.S. District Court — Central District of California
    • 3 Septiembre 1971
    ...failure to file timely notice of appeal seems sufficient to preclude 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 Therefore, it is hereby ordered that the Petition for ......

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