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SCHAEFFER v. MUNICIPAL COURT

Docket No. 32036.

260 Cal.App.2d 819 (1968)

67 Cal. Rptr. 479

HARRY EDWARD SCHAEFFER, Plaintiff and Respondent, v. THE MUNICIPAL COURT OF THE SANTA BARBARA-GOLETA JUDICIAL DISTRICT OF SANTA BARBARA COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Appellant.

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

April 8, 1968.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, Jack K. Weber, Deputy Attorney General, David D. Minier, District Attorney, and Charles F. Catterlin, Deputy District Attorney, for Defendant, Real Party in Interest and Appellant.

Crawford, Schwartz, Wood & Otero and Jack A. Otero for Plaintiff and Respondent.

No appearance for Defendant and Respondent.

FOURT, J.

This is an appeal by the People, as real party in interest, from a writ of prohibition granted by the superior court to Harry Edward Schaeffer, ordering the municipal court "to absolutely and permanently desist and refrain from the trial" to determine whether Schaeffer was guilty of drunk driving.

[1] The People dispute the conclusion of the trial court that Schaeffer, earlier arrested and charged with misdemeanor drunk driving, was...

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