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KIRBY v. MUNICIPAL COURT FOR NEWHALL JUDICIAL DIST.

Docket No. 28898.

237 Cal.App.2d 335 (1965)

46 Cal. Rptr. 844

CLAYTON W. KIRBY, Plaintiff and Appellant, v. THE MUNICIPAL COURT FOR THE NEWHALL JUDICIAL DISTRICT OF LOS ANGELES COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Respondent.

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

September 30, 1965.

Attorney(s) appearing for the Case

Edwin M. Rosendahl for Plaintiff and Appellant.

No appearance for Defendant and Respondent.

Evelle J. Younger, District Attorney, Harry Wood and Harry B. Sondheim, Deputy District Attorneys, for Real Party in Interest and Respondent.

ASHBURN, J.*

Petitioner Kirby was charged in the municipal court with violation of section 311.5 Penal Code, a misdemeanor. The complaint was filed on June 23, 1964, defendant demurred, same was overruled, and he entered a plea of not guilty. Thereupon he filed in the superior court a petition for writ of prohibition against further proceedings upon the charge because of unconstitutionality of the statute. After argument of the legal question...

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