SMITH v. SUPERIOR COURT

Docket No. 21691.

140 Cal.App.2d 862 (1956)

295 P.2d 982

JAMES HENRY SMITH, Petitioner, v. SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent.

Court of Appeals of California, Second District, Division One.

April 18, 1956.


Attorney(s) appearing for the Case

Wadsworth & Fraser and Charles E. McClung for Petitioner.

S. Ernest Roll, District Attorney, Jere J. Sullivan, Lewis Watnick, and Fred N. Whichello, Deputy District Attorneys, for Respondent.


NOURSE (Paul), J. pro tem.*

Petitioner's motion made pursuant to the provisions of section 995 of the Penal Code to set aside an information charging him with the violation of subdivision 3 of section 261 of that code (forcible rape) having been denied, the petitioner here seeks a writ of prohibition to prevent the superior court from proceeding to try him upon that information. He asserts that the evidence produced at the preliminary...

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