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BALLARD v. SUPERIOR COURT

Docket No. L.A. 28520.

64 Cal.2d 159 (1966)

410 P.2d 838

49 Cal. Rptr. 302

WALTER M. BALLARD, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

February 15, 1966.

Attorney(s) appearing for the Case

Gostin & Katz and Louis S. Katz for Petitioner.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, James Don Keller, District Attorney, and Richard H. Bein, Deputy District Attorney, for Respondent and Real Party in Interest.

Evelle J. Younger, District Attorney (Los Angeles), and Harry B. Sondheim, Deputy District Attorney, as Amici Curiae on behalf of Respondent and Real Party in Interest.

TOBRINER, J.

Petitioner is a physician charged with the rape of a patient to whom he allegedly administered an intoxicating narcotic or anesthetic substance in order to prevent resistance, a violation of Penal Code section 261, subdivision 4. He petitions for writs of mandate and prohibition (1) to obtain certain evidence allegedly seized illegally by the prosecution; (2) to prohibit the introduction of designated evidence at the trial; (3) to compel certain pretrial...

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