Teets

This is a petition by the attorney general for a writ of prohibition to restrain the respondent superior court from entertaining a proceeding in habeas corpus sought by Lawrence Gene Dotson, the real party in interest, pending his appeal from a judgment of conviction of first degree murder, burglary and robbery.

The factual background and events resulting in Dotson’s conviction are set forth in the opinion of this court in People v. Dotson, 46 Cal.2d 891 [ 299 P.2d 875 ], As to the present proceeding in prohibition it appears that on October 27, *98 1955, while his appeal from the judgment of conviction in the criminal case was pending in the District Court of Appeal, Dotson filed a petition for the writ of habeas corpus in the superior court alleging that he was in the custody of Harley 0. Teets, the warden of the state prison at San Quentin, and that his restraint was unlawful for numerous reasons. The superior court issued an order directing the warden to appear on January 20 and show cause if any he had why the writ of habeas corpus should not issue. On January 18 the attorney general sought a writ of prohibition in the District Court of Appeal in which the appeal was then…