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Legal Opinion

In Re Smith

California Supreme Court

Decided April 15, 1966No. Crim. 9658PublishedCited by 20 opinions

1Opinion of the CourtMcCOMB, J.

James Milton Smith was convicted of violating section 4501 of the Penal Code (aggravated assault by a prisoner serving a sentence of less than life). He now petitions for a writ of habeas corpus, seeking his discharge from custody.

Facts: In December 1959, petitioner, then 19 years old, was convicted of attempted robbery and committed to the Youth Authority. After being confined in the Correctional Training Facility at Soledad, he was transferred in April 1962 by the Authority to San Quentin, without being returned to the trial court for resentencing. (Welf. & Inst. Code, § 1737.1.)

In May 1963…

2Cases cited10 opinions

  1. Griffin v. CaliforniaSupreme Court of the United States · 1965
  2. Griffin v. CaliforniaSupreme Court of the United States · 1965
  3. Tehan v. United States Ex Rel. ShottSupreme Court of the United States · 1965
  4. People v. WellsCalifornia Supreme Court · 1949
  5. In Re HerreraCalifornia Supreme Court · 1943

5 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Morse v. Municipal CourtCalifornia Supreme Court · 1974
  2. In Re BranchCalifornia Supreme Court · 1969
  3. People v. NoahCalifornia Supreme Court · 1971
  4. People v. WatsonCalifornia Supreme Court · 2007
  5. People v. RomoCalifornia Court of Appeal · 1967

15 more not listed; retrieve them via the Exa API.

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