BRITT v. SUPERIOR COURT

Docket No. S.F. 21042.

58 Cal.2d 469 (1962)

374 P.2d 817

24 Cal. Rptr. 849

PAUL MERWYN BRITT, JR., Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

October 2, 1962.


Attorney(s) appearing for the Case

Comerford, Troy & Newfield, Richard Comerford and Lee Newfield for Petitioner.

Stanley Mosk, Attorney General, Arlo E. Smith, Chief Assistant Attorney General, and John S. McInerny, Deputy Attorney General, for Respondent and Real Party in Interest.


SCHAUER, J.

Petitioner seeks prohibition to restrain respondent superior court from proceeding to trial on an information charging him with violation of Penal Code section 288a.

[1a] Petitioner contends that he has been committed without reasonable or probable cause in that all of the evidence offered by the People at the preliminary examination was obtained by an illegal search and seizure in violation of the constitutional guarantees (U.S. Const...

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