Legal Opinion

In Re Payton

California Supreme Court

Decided May 10, 1946No. Crim. 4692PublishedCited by 15 opinions

1Opinion of the CourtShenk, J.

In this habeas corpus proceeding the People have appealed from an order of March 12, 1945, discharging the petitioner from custody.

On June 28, 1939, the petitioner was convicted on a charge of grand theft with the prior conviction of a felony. He was sentenced to imprisonment in the State Prison at San Quentin for the term prescribed by law. He entered the prison on January 27, 1940. The Board of Prison Terms and Paroles fixed his term at five years.

On November 12, 1941, the petitioner was released on parole. On June 9, 1943, a written report by a state parole officer was filed with the Board…

2Cases cited3 opinions

  1. In Re EtieCalifornia Supreme Court · 1946
  2. In re PaytonCalifornia Court of Appeal · 1945
  3. In Re FalconiCalifornia Court of Appeal · 1937

3Cited by15 opinions

  1. In Re McLainCalifornia Supreme Court · 1960
  2. In Re DunhamCalifornia Supreme Court · 1976
  3. In Re FlueryCalifornia Supreme Court · 1967
  4. In Re AndersonCalifornia Court of Appeal · 1951
  5. Aguilera v. California Dept. of CorrectionsCalifornia Court of Appeal · 1966

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