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District Court of Appeal, Fourth District, California.

Ex parte SWEEDEN.

Cr. 868.

Decided: March 24, 1953

Jimmie Sweeden, Jr., in pro. per., for petitioner. Edmund G. Brown, Atty. Gen., Elizabeth Miller, Deputy Atty. Gen., for respondent.

Petitioner seeks a writ of habeas corpus, alleging generally the same facts related in People v. Sweeden, 116 Cal.App.2d 891, 254 P.2d 899. He here cites the same authorities and advances the same reasons there advanced as grounds for his release under this writ. He expresses the claim that the trial court acted arbitrarily in revoking his probation order.

The contentions here made are sufficiently discussed and fully answered in that case. In addition, In re Davis, 37 Cal.2d 872, 236 P.2d 579, holds that the validity of such an order, when reviewed by habeas corpus, should first be sought from the revoking court.


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