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KELLETT v. SUPERIOR COURT

Docket No. Sac. 7689.

63 Cal.2d 822 (1966)

409 P.2d 206

48 Cal. Rptr. 366

ELMER GORDON KELLETT, Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

January 5, 1966.

Attorney(s) appearing for the Case

Kenneth M. Wells, Public Defender, and Michael S. Sands, Deputy Public Defender, for Petitioner.

No appearance for Respondent.

Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, and Edsel W. Haws, Deputy Attorney General, for Real Party in Interest.

TRAYNOR, C.J.

On October 15, 1964, officers of the Sacramento Police Department, called to the scene of a disturbance, arrested petitioner who was standing on a public sidewalk with a pistol in his hand. On that day he was charged in the municipal court with committing a misdemeanor in violation of Penal Code section 417 (exhibiting a firearm in a threatening manner). On November 17, 1964, after a preliminary hearing at which it appeared that petitioner had been convicted...

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