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PEOPLE EX REL. KELLER v. SUPERIOR COURT OF SAN DIEGO CTY.

Docket No. 6199.

175 Cal.App.2d 830 (1959)

1 Cal. Rptr. 55

THE PEOPLE ex rel. JAMES DON KELLER, as District Attorney, etc., Petitioner, v. SUPERIOR COURT OF SAN DIEGO COUNTY et al., Respondents; EARL MILFORD NELSON, Real Party in Interest.

Court of Appeals of California, Fourth District.

December 4, 1959.

Attorney(s) appearing for the Case

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, Jack E. Goertzen, Deputy Attorney General, James Don Keller, District Attorney (San Diego), and Stuart C. Wilson, Deputy District Attorney, for Petitioner.

No appearance for Respondents.

Thomas Whelan, O'Connor & Murphy, Ray Miller and Peter J. Hughes for Real Party in Interest.

John W. Porter, as Amicus Curiae on behalf of Real Party in Interest.

MUSSELL, J.

In this petition the district attorney of San Diego County prays that this court issue an alternative writ of prohibition to Edgar B. Hervey, Judge of the Superior Court in and for the County of San Diego, restraining said judge from proceeding with the trial of the case of The People of the State of California v. Earl Milford Nelson, Superior Court No. CR-1106, until further order of this court and to show cause before this court, at a specified...

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