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Legal Opinion

In Re Martin

California Court of Appeal

Decided October 22, 1947No. Crim. 2025PublishedCited by 21 opinions

1Opinion of the CourtThompson, J.

Upon habeas corpus it appears that petitioner was charged by an amended information filed in Madera County, November 14,1946, with the crime of driving a vehicle while under the influence of intoxicating liquor, contrary to section 501 of the Vehicle Code, and three prior convictions of felonies. He pleaded guilty of the principal offense and admitted the prior felonies. Probation was granted and the defendant signed a written consent to the terms thereof. Probation was erroneously granted for the reason that section 1203 of the Penal Code precludes the granting of probation when the…

2Cases cited14 opinions

  1. People v. WilliamsCalifornia Supreme Court · 1944
  2. In Re MarquezCalifornia Supreme Court · 1935
  3. People v. Chan ChaunCalifornia Court of Appeal · 1940
  4. In Re HerronCalifornia Supreme Court · 1933
  5. In Re ScarboroughCalifornia Court of Appeal · 1946

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

3Cited by21 opinions

  1. Prue v. StateWisconsin Supreme Court · 1974
  2. People v. BlakemanCalifornia Court of Appeal · 1959
  3. People v. MasonCalifornia Court of Appeal · 1960
  4. In Re HaysCalifornia Court of Appeal · 1953
  5. In Re Williams PetitionMontana Supreme Court · 1965

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

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