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PATTERSON v. MUNICIPAL COURT FOR SAN JOSE-MILPITAS-ALVISO JUDICIAL DIST.

Docket No. 22285.

232 Cal.App.2d 289 (1965)

42 Cal. Rptr. 769

DELBERT PATTERSON, Petitioner, v. THE MUNICIPAL COURT FOR THE SAN JOSE-MILPITAS-ALVISO JUDICIAL DISTRICT OF SANTA CLARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

February 16, 1965.

Attorney(s) appearing for the Case

Robert Townsend and Nielsen, Backman & McKerrou for Petitioner.

Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., and Edward P. O'Brien, Deputy Attorneys General, for Respondent and Real Party in Interest.

BRAY, J.*

Petition for writ of prohibition (or other proper remedy) to restrain respondent municipal court from proceeding with prosecution of petitioner for violation of section 270, Penal Code (wilful failure to support minor child).1

QUESTIONS PRESENTED

1. Will prohibition or mandamus lie?

2. The proper interpretation of section 270e...

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