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PENNEY v. SUPERIOR COURT

Docket No. 1835.

28 Cal.App.3d 941 (1972)

105 Cal. Rptr. 162

JAMES EDWARD PENNEY et al., Petitioners, v. THE SUPERIOR COURT OF TULARE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fifth District.

November 22, 1972.

Attorney(s) appearing for the Case

COUNSEL

Jay W. Powell, Public Defender, and Lloyd L. Hicks for Petitioners.

No appearance for Respondent.

Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, Doris H. Maier, Assistant Attorney General, Nelson P. Kempsky and Arnold O. Overoye, Deputy Attorneys General, for Real Party in Interest.

OPINION

FRANSON, J.*

On January 26, 1972, the Grand Jury of Tulare County indicted petitioners for the murder of Charles Gibson. On February 18, 1972, petitioners entered pleas of not guilty. On May 8, 1972, they moved to dismiss the indictment on the grounds that they had been denied due process of law by reason of pre-indictment delay. An evidentiary hearing on the motion to dismiss was held in respondent...

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