In re Newbern

The petitioner in this case is the same individual with whom this court was concerned in a prior case. (In re Newbern, 168 Cal.App.2d 472 [ 335 P.2d 948 ].) As was stated in the opinion in that ease he is “a chronic alcoholic and has suffered numerous arrests for drunkenness. ’ ’ His numerous arrests demonstrate that Mr. Newbern is well known to several police departments. His numerous petitions for writs of habeas corpus demonstrate that he is not one “to sleep on his rights.”

The petition, as originally filed in this case, concerned two separate arrests; the first on February 28, 1959, and the second on March 6, 1959. Also it should be noted that there were two other separate petitions for writs of habeas corpus filed in this court. In each ease the writ was issued returnable in this court on a date certain. By stipulation all three were set for hearing on oral argument on the same day.

At the hearing, one of the petitions was dismissed because the questions raised therein had become moot. The other petition is the subject of a decision which will be filed concurrently with this one.

The petition in this case was filed by Mr. Newbern in propria persona. After the issuance of…