MCLAIN
v.
CALIFORNIA

U.S. | 1961-10-09
No. 129
368 U.S. 10 Supreme Court of the United States (1961) Positive Treatment
Cited by 2 cases

Per_curiam
Per Curiam.

Per Curiam.

The appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.


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  • Gov't of the Virgin Islands v. Lake, 362 F.2d 770 (3d Cir. 1966)
    …v. State, 1942, 31 Ala.App. 1, 9 So. 2d 150, 153; Gatewood v. State, 1945, 80 Okl.Cr.R. 135, 157 P. 2d 473; People v. Walker, 1950, 99 Cal.App.2d 238, 221 P. 2d 287, 289; Longoria v. State, 1961, 3 Storey 311, 53 Del. 311, 168 A. 2d 695, cert. den. 368 U.S. 10, 82 S.Ct. 18, 7 L.Ed.2d 18. In the present ease the trial judge could fairly infer from the unrebutted evidence that it was the defendant’s pocket knife with which he committed the assault upon Leonore. That the knife was sufficient, in the hands o…
  • Sturm v. Cal. Adult Auth., 395 F.2d 446 (9th Cir. 1967)
    …stion. When the Authority reduces a maximum sentence, its action, in the nature of things, is tentative and may be changed for cause.” In re McLain, 55 Cal.2d 78, 85, 9 Cal.Rptr. 824, 829, 357 P. 2d 1080, 1085 (1960), appeal dismissed, cert. denied, 368 U.S. 10, 82 S.Ct. 18, 7 L.Ed.2d 18 (1961). The California courts have clearly recognized the statutory authorization for the Adult Authority to redetermine a sentence; this court has previously stated that a state court’s interpretation of its statute doe…

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