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HACKER v. SUPERIOR COURT

Docket No. 1054.

268 Cal.App.2d 387 (1968)

73 Cal. Rptr. 907

HAROLD DWAYNE HACKER, Petitioner, v. THE SUPERIOR COURT OF TULARE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fifth District.

December 20, 1968.

Attorney(s) appearing for the Case

Soares, Simpson & Rowson and William Silveria, Jr., for Petitioner.

No appearance for Respondent.

Thomas C. Lynch, Attorney General, Nelson P. Kempsky, David R. Cunningham, Daniel J. Kremer and James T. McNally, Deputy Attorneys General, for Real Party in Interest.

STONE, J.

Petitioner seeks a writ of prohibition to restrain the Superior Court of Tulare County from proceeding in the case of People v. Hacker. The petition was brought pursuant to Penal Code section 999a after the court had denied a motion under Penal Code section 995 to set aside an information charging petitioner with violation of Health and Safety Code section 11500, possession of a narcotic.

The principal ground for his motion below and his petition...

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