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JACKSON v. SUPERIOR COURT

Docket No. S.F. 21901.

62 Cal.2d 521 (1965)

399 P.2d 374

42 Cal. Rptr. 838

CONSTANCE JACKSON, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

March 1, 1965.

Attorney(s) appearing for the Case

Garry, Dreyfus & McTernan, Charles R. Garry, Donald L.A. Kerson and Benjamin Dreyfus for Petitioner.

No appearance for Respondent.

Thomas C. Lynch, Attorney General, Robert R. Granucci, Edward P. O'Brien and James Murad, Deputy Attorneys General, for Real Party in Interest.

MOSK, J.

Petitioner seeks a writ of prohibition restraining the San Francisco Superior Court from taking any further action on an indictment charging her with murder. (Pen. Code, § 187.)

Petitioner contends that she was indicted without reasonable or probable cause (Pen. Code, § 995) in that the prosecution assertedly failed to produce any evidence at the grand jury hearing to show "malice aforethought," and that the evidence which it did produce...

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