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CANON v. JUSTICE COURT

Docket No. Sac. 7547.

61 Cal.2d 446 (1964)

393 P.2d 428

39 Cal. Rptr. 228

GEORGE CANON, Plaintiff and Appellant, v. THE JUSTICE COURT FOR THE LAKE VALLEY JUDICIAL DISTRICT OF EL DORADO COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Respondent.

Supreme Court of California. In Bank.

June 25, 1964.

Attorney(s) appearing for the Case

Kingston & Carman, Ralph E. Kingston and Lynn Carman for Plaintiff and Appellant.

George Franklyn Duke, Michael L. Ohleyer and Marshall W. Krause as Amici Curiae on behalf of Plaintiff and Appellant.

Stanley Mosk, Attorney General, Doris H. Maier and Charles A. Barrett, Assistant Attorneys General, James Ganulin, Deputy Attorney General, Jack R. Winkler, District Attorney, and George H. Dufort, Deputy District Attorney, for Defendant and Respondent and Real Party in Interest and Respondent.

PETERS, J.

By complaint filed in the justice court, appellant was charged with violating Elections Code section 12047.1 That court overruled appellant's demurrer and denied his motion to dismiss, which urged, on various grounds, that appellant was constitutionally protected from prosecution under this statute. He then sought a writ of prohibition in superior court, attacking the jurisdiction...

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