In re Wilkinson
Opinion
Lead Opinion
Kincaid, J.
Petitioner is in custody in the city jail of the city of Los Angeles serving a sentence of imprisonment therein of 90 days after having entered a plea of guilty to the misdemeanor of violating section 41.27 (a) of the Los Angeles Municipal Code (intoxication in and upon a public place).
In his petition for writ of habeas corpus petitioner contends he is wrongfully detained in custody in that certain constitutional rights have been denied him. He alleges generally that he was arrested on June 21, 1960, and was arraigned in court on June 21, whereupon his case was continued for plea until June 23. 0,n the latter date he states he was not allowed to enter a plea but was immediately sentenced to serve the above term of imprisonment. He further contends that, although his bail was set at time of his arraignment on June 21 in the sum of $20, and he was promptly permitted to place a 'telephone call to his son for the purpose of obtaining such bail, the son was later told on his arrival at the jail that the “petitioner was hot bailable” but the son should see the judge the, next morning. He further alleges his wife made an attempt to “bail petitioner out” and. was told substantially the…