Majority
p. 47[Crim. No. 14254. In Bank. May 28, 1971.] In re EDWARD SIMON WEIN on Habeas Corpus.
Counsel
Russell E. Parsons for Petitioner.
No appearance for Respondent.
Opinion
We treat the petition as a motion to recall the remittitur in People v. Wein, 50 Cal.2d 383 [ 326 P.2d 457 ]. The motion is granted. The remittitur issued on June 27, 1958, is recalled. The judgment is vacated on counts 1, 5, 9, 14, 17, 18, 21, and is affirmed on all other counts. (People v. Daniels, 71 Cal.2d 1119 , 1140 [ 80 Cal.Rptr. 897 , 459 P.2d 225 ]; People v. Mutch, 4 Cal.3d 389 [ 93 Cal.Rptr. 721 , 482 P.2d 633 ].)
Mosk, J., and Sullivan, J., did not participate.
Cases cited
- People v. Wein 50 Cal.2d 383 p. 47
- People v. Daniels 71 Cal.2d 1119 at 1140 p. 47
- People v. Mutch 4 Cal.3d 389 p. 47