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RUIZ v. SUPERIOR COURT

Docket No. 26778.

275 Cal.App.2d 633 (1969)

80 Cal. Rptr. 523

JUAN R. RUIZ, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, First District, Division Three.

August 18, 1969.

Attorney(s) appearing for the Case

Jerrold E. Levitin and Carter Stroud for Petitioner.

Paul Halvonik, Michael S. Moore, Howard, Prim, Smith, Rice & Dawn as Amici Curiae on behalf of Petitioner.

Thomas C. Lynch, Attorney General, Derald E. Granberg, Erie Collins and Robert R. Granucci, Deputy Attorneys General, for Respondent and for Real Party in Interest.

DRAPER, P.J.

This original proceeding concerns the permissible scope of discovery by the prosecution in a criminal case.

Petitioner is charged with assault with a deadly weapon (Pen. Code, § 245, subd. (a)). The district attorney moved for "pretrial discovery." His motion was supported by his affidavit that the alleged victim and a witness of the alleged assault had been interviewed by and had talked to an investigator for defendant or his attorneys....

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