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PEOPLE v. SUPERIOR COURT

Docket No. 17099.

140 Cal.App.2d 510 (1956)

295 P.2d 464

THE PEOPLE, Petitioner, v. SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; DON MILLER, Real Party in Interest.

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

April 5, 1956.

Attorney(s) appearing for the Case

Thomas C. Lynch, District Attorney, and Cecil F. Poole, Assistant District Attorney, for Petitioner.

Michael Riordan for Respondent and Real Party in Interest.

DOOLING, J.

This is an application by the People of the State of California for a writ of prohibition to restrain the superior court from proceeding with a new trial in a criminal action. The real party in interest, one Mitchell, was convicted by a jury of robbery. The clerk, on November 29, 1955, entered in the minutes an order denying the defendant's motion for new trial. On December 7, 1955, the court on its own motion set this order denying motion for new trial...

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