In Re Martin

Clarence Arthur Martin petitions for a writ of habeas corpus after a jury conviction of driving while under the influence of intoxicating liquor in violation of section 23102 of the Vehicle Code. Petitioner contends that he was denied an opportunity to obtain a timely sample of his blood by the improper conduct of police officers, and that such conduct constituted a denial of due process of law.

It appears that petitioner was arrested at about 5 p. m. on May 22, 1961, and charged with a violation of the aforementioned statute. Bail was posted and petitioner was released shortly after his…