AMOS v. SUPERIOR COURT

Docket No. 24617.

182 Cal.App.2d 343 (1960)

6 Cal. Rptr. 252

MOLLIE AMOS, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent.

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

June 30, 1960.


Attorney(s) appearing for the Case

Thomas Higgins, Jr., for Petitioner.

William B. McKesson, District Attorney, Harry Wood and Harry B. Sondheim, Deputy District Attorneys, for Respondent.


ASHBURN, J.

Petition for prohibition brought under section 999a, Penal Code, after motion to set aside an information pursuant to section 995, Penal Code, had been denied. The charge was bookmaking (Pen. Code, § 337a, subds. 1 and 2) and the motion was based upon the ground that defendant had not been legally committed by a magistrate. The problem presented is whether an attorney may act as a committing magistrate conducting a preliminary hearing in a criminal...

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