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MALLECK v. SUPERIOR COURT

Docket No. 17248.

142 Cal.App.2d 396 (1956)

298 P.2d 115

JOSEPH MALLECK, Petitioner, v. SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent.

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

June 19, 1956.

Attorney(s) appearing for the Case

Edward L. Cragen for Petitioner.

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

KAUFMAN, J.

This is a petition for writ of prohibition.

The petitioner who has been charged in an information with violation of Penal Code, section 245 (assault with a deadly weapon) seeks the writ on the ground that he was committed without reasonable or probable cause. If this contention is correct a writ of prohibition is a proper remedy. (Pen. Code, § 999a.)

The petitioner first argues that...

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