# McCracken v. Teets

> California Supreme Court · November 6, 1953 · 41 Cal. 2d 648

URL: https://www.frixlaw.com/law-library/cases/9546853

## Case

- **Full name:** HENRY FORD McCRACKEN, Appellant, v. H. O. TEETS, as Warden, Etc., Respondent
- **Court:** California Supreme Court
- **Decided:** November 6, 1953
- **Citations:** 41 Cal. 2d 648; 262 P.2d 561; 1953 Cal. LEXIS 314
- **Precedential status:** Published
- **Opinion:** Dissent by Carter
- **Judges:** Schauer, Traynor, Gibson, Shenk, Edmonds, Spence, Carter
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9546853

## Opinion text

CARTER, J.
I dissent.
Since I am firmly of the opinion that mandamus is not available to determine the sanity of a person under sentence of death and that habeas corpus is the only remedy available to such a person, I would reverse the judgment with directions to the trial court to dismiss the proceeding. As a basis for this conclusion I adopt the reasoning and the views expressed by Mr. Justice Schauer in his concurring and dissenting opinion in Phyle v. Duffy, 34 Cal.2d 144 , page 163 et seq. [ 208 P.2d 668 ], in which I concurred.
Appellant’s petition for a rehearing was denied December 3, 1953.
Carter, J., was of the opinion that the petition should be granted.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9546853. Public record. Not legal advice.