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WHITNEY v. MUNICIPAL COURT

Docket No. S.F. 21120.

58 Cal.2d 907 (1962)

377 P.2d 80

27 Cal. Rptr. 16

JERRY T. WHITNEY et al., Plaintiffs and Respondents, v. THE MUNICIPAL COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Defendant and Appellant; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

December 18, 1962.

Attorney(s) appearing for the Case

Stanley Mosk, Attorney General, John S. McInerny, Albert W. Harris, Jr., Arlo E. Smith and Robert R. Granucci, Deputy Attorneys General, for Defendant and Appellant.

Kenneth C. Zwerin for Plaintiffs and Respondents.

McCOMB, J.

Plaintiffs were granted a writ of prohibition by an order of the Superior Court of the City and County of San Francisco, restraining the municipal court from trying them for a violation of the municipal code. The appeal is from this order.

Facts: Plaintiffs were charged with a violation of section 741 of chapter 8 (Police Code) of the San Francisco Municipal Code, which provides, in part: "It shall...

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