Phyle v. Duffy

34 Cal.2d 144 (1949)

ANNA M. PHYLE, Appellant,

v.

CLINTON T. DUFFY, as Warden of the State Prison, etc., Respondent.

S. F. No. 17855.

Supreme Court of California. In Bank.

Aug. 1, 1949.

Morris Lavine for Appellant.

Fred N. Howser, Attorney General, and Clarence A. Linn, Deputy Attorney General, for Respondent.

EDMONDS, J.

William Jerome Phyle's conviction of murder and sentence to death was reviewed and affirmed upon appeal. (People v. Phyle, 28 Cal.2d 671 [171 P.2d 428].) In December, 1946, two days prior to the time set for his execution, the warden of San Quentin Prison, as authorized by section…