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JENNINGS v. SUPERIOR COURT

Docket No. S.F. 22502.

66 Cal.2d 867 (1967)

428 P.2d 304

59 Cal. Rptr. 440

FRED JAMES JENNINGS, Petitioner, v. THE SUPERIOR COURT OF CONTRA COSTA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

June 16, 1967.

Attorney(s) appearing for the Case

David N. Bortin, under appointment by the Supreme Court, for Petitioner.

Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, Robert R. Granucci and Robert S. Shuken, Deputy Attorneys General, for Respondent and for Real Party in Interest.

MOSK, J.

The sole question presented in this proceeding for a writ of prohibition is the scope and enforceability of a defendant's right to present an affirmative defense at his preliminary hearing if he so chooses. We have concluded that this right is guaranteed by constitution and by statute and that its timely assertion in the case at bar requires issuance of a peremptory writ.

Petitioner was charged by complaint...

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