[Download] "In Re Phyle" by Colorado Supreme Court * Book PDF Kindle ePub Free

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eBook details

• Title: In Re Phyle
• Author : Colorado Supreme Court
• Release Date : January 10, 1947
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

William Jerome Phyle was found guilty of first degree murder and sentenced to be executed. The judgment was affirmed by this court (People v. Phyle, 28 Cal. 2d 671 [171 P.2d 428]), and the date of execution was set for December 26, 1946. While defendant was awaiting execution at the state prison at San Quentin, the warden of that prison initiated proceedings pursuant to section 3701 of the Penal Code to determine the question of defendants sanity. After a jury trial defendant was adjudged insane and committed to the Mendocino State Hospital. On January 18, 1947, the superintendent of that hospital certified to the Governor that defendant had recovered his reason. The Governor then issued a warrant to the warden of the state prison at San Quentin appointing May 2, 1947, the day of execution. One of defendants attorneys filed a petition for a writ of habeas corpus in this court, contending that the superintendent of the Mendocino State Hospital has no authority under the law of this state to release the defendant to the warden of the state prison at San Quentin without an adjudication of a competent court that defendant has recovered his reason. This court issued the writ for the purpose of giving consideration to this contention.

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