George Choung v. John Misterly, Sheriff of Sacramento County

This appeal is from an order of a Federal District Court granting a state prisoner’s petition for habeas corpus. The petitioner alleges numerous constitutional defects in the state statute and the court proceeding which resulted in his conviction under California Penal Code § 602.9, for disrupting a school campus. Judgment was rendered sentencing appellee and petitioner to 90 days imprisonment in the county jail and payment of a $600 fine. The appel-lee was admitted to bail pending appeal of the judgment. Appellee thereafter sought relief through the state court system ending with a denial by the California Supreme Court of his petition for a writ of habeas corpus. He then filed a petition for a writ of habeas corpus in the United States District Court. On November 20, 1969, the district court ordered a stay of execution and admitted appellee to bail. The petitioner’s federal application for a writ was filed with two days remaining on his state court stay of execution and admission to bail, and the district court’s stay under 28 U.S.C. § 2241 (c) (3) was issued “only hours before the expiration of the state stay.”

The first question'raised by the appellant is whether the district…