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BYERS v. JUSTICE COURT

Docket No. S.F. 22634.

71 Cal.2d 1039 (1969)

458 P.2d 465

80 Cal. Rptr. 553

JONATHAN TODD BYERS, Plaintiff and Respondent, v. THE JUSTICE COURT FOR THE UKIAH JUDICIAL DISTRICT OF MENDOCINO COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Appellant.

Supreme Court of California. In Bank.

September 16, 1969.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, Louise H. Renne, Robert R. Granucci and Derald E. Granberg, Deputy Attorneys General, for Real Party in Interest and Appellant.

John W. Poulos and Rawles, Nelson, Golden, Poulos & Hinkle for Plaintiff and Respondent.

No appearance for Defendant and Respondent.

PETERS, J.

The People appeal from a judgment of the Superior Court of Mendocino County granting a writ of prohibition restraining the Justice Court for the Ukiah Judicial District from proceeding further against plaintiff Jonathan Todd Byers on count two of a criminal complaint filed in the justice court against him. Count one of the complaint charged Byers with improper and unsafe passing in violation of section 21750 of the Vehicle Code,1

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