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MALENGO v. MUNICIPAL COURT

Docket No. L.A. 26396.

56 Cal.2d 813 (1961)

366 P.2d 453

17 Cal. Rptr. 10

EDWARD LOUIS MALENGO, JR., Petitioner, v. THE MUNICIPAL COURT FOR THE EAST LOS ANGELES JUDICIAL DISTRICT OF LOS ANGELES COUNTY et al., Respondents; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

November 16, 1961.

Attorney(s) appearing for the Case

Cary G. Branch for Petitioner.

No appearance for Respondents.

William B. McKesson, District Attorney, Harry Wood, Ralph F. Bagley, Robert J. Lord and Harry B. Sondheim, Deputy District Attorneys, for Real Party in Interest.

McCOMB, J.

This is an application for a writ of prohibition to restrain respondent court from taking any further proceedings in a prosecution for violation of section 11721 of the Health and Safety Code (use of, or addiction to, narcotics).

Facts: September 23, 1960, defendant was arraigned in respondent court on a complaint charging violation of section 11721 of the Health and Safety Code, a misdemeanor. He entered a plea of not guilty and waived a...

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