BARNARD v. MUNICIPAL COURT

Docket No. 16768.

142 Cal.App.2d 324 (1956)

298 P.2d 679

ALFRED BARNARD, Appellant, v. THE MUNICIPAL COURT OF THE CITY AND COUNTY OF SAN FRANCISCO et al., Respondents.

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

June 18, 1956.


Attorney(s) appearing for the Case

James C. Purcell and Michael Riordan for Appellant.

Edmund G. Brown, Attorney General, Clarence A. Linn, Chief Assistant Attorney General, and Raymond M. Momboisse, Deputy Attorney General, for Respondents.


BRAY, J.

Petitioner was charged and acquitted of the violation of section 311, subdivision 3, Penal Code (selling and distributing obscene and indecent writings, papers and books). At the time of his arrest, the arresting officers seized certain publications in petitioner's possession which they delivered into the custody of the municipal court, and which were used as exhibits at defendant's trial. After his acquittal petitioner filed in the superior court a petition...

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