How has the majority of the Court of Appeal treated the issue of withholding funds from a defendant in a habeas corpus proceeding?

The cases relied upon by the majority must be distinguished. The sum involved in People v. Vermouth (1974) 42 Cal.App.3d 353, 116 Cal.Rptr. 675 was ten times the amount withheld here. The procedure followed in United States ex rel. Ferenc v. Brierley (E.D.Pa.1970) 320 F.Supp. 406 should have been adopted here. In that habeas corpus proceeding an evidentiary hearing was held on the question whether the withholding of the sum involved prevented

Page 633

The judgment should be affirmed.

1 It is therefore not necessary to reach the other contentions raised by appellant.