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YANNACONE v. MUNICIPAL COURT OF SAN FRANCISCO

Docket No. 21094.

222 Cal.App.2d 72 (1963)

34 Cal. Rptr. 838

JOHN J. YANNACONE, Plaintiff and Appellant, v. THE MUNICIPAL COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Defendant and Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, First District, Division Three.

November 5, 1963.

Attorney(s) appearing for the Case

William K. Day for Plaintiff and Appellant.

Stanley Mosk, Attorney General, Albert W. Harris, Jr., and Eric Collins, Deputy Attorneys General, for Defendant and Respondent.

No appearance for Real Party in Interest.

DRAPER, P.J.

Petitioner is charged with misdemeanor manslaughter (Pen. Code, § 192, subd. 3(b)). Upon denial of his request for pretrial discovery in the municipal court, he sought mandamus in the superior court. After hearing, alternative writ was discharged and peremptory writ denied. Petitioner appeals.

A truck driven by petitioner collided with a Southern Pacific train. Petitioner's fellow employee, riding in the truck, was killed. This prosecution...

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