(Download) "In Re Mcvickers" by Supreme Court Of California # Book PDF Kindle ePub Free
eBook details
- Title: In Re Mcvickers
- Author : Supreme Court Of California
- Release Date : January 03, 1946
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Petitioner, by application for the writ of habeas corpus, seeks review of the adjudication or finding that he, "having been previously three times convicted, upon charges separately brought and tried, and having served separate terms therefor in state and/or federal penitentiaries for crimes enumerated in Section 644 of the Penal Code . . ., is an habitual criminal under the provisions of Section 644 of the Penal Code." For the reasons hereinafter expressed we have concluded that a prisoner can, on application for habeas corpus, attack and secure appropriate relief from such an adjudication of habitual criminal status where it appears from the facts shown, either upon the face of the record or by satisfactory proof, that as a matter of law a prior conviction upon which the adjudicated status depends is of a crime which does not meet the definition of any offense enumerated in section 644. From the showing here it appears as a matter of law that petitioner in truth has been not three times but only twice convicted of felonies enumerated in section 644 of the Penal Code.