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MANDEL v. MUNICIPAL COURT

Docket No. 26042.

276 Cal.App.2d 649 (1969)

81 Cal. Rptr. 173

ROBERT MANDEL, Plaintiff and Appellant, v. THE MUNICIPAL COURT FOR THE OAKLAND-PIEDMONT JUDICIAL DISTRICT OF ALAMEDA COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Respondent.

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

October 8, 1969.

Attorney(s) appearing for the Case

Garry, Dreyfus, McTernan & Brotsky, Donald L.A. Kerson, David E. Pesonen and Charles C. Marson for Plaintiff and Appellant.

Paul N. Halvonik as Amici Curiae on behalf of Plaintiff and Appellant.

No appearance for Defendant and Respondent.

Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, Robert R. Granucci and Clifford K. Thompson, Jr., for Defendant and Respondent and for Real Party in Interest and Respondent.

SIMS, J.

Petitioner has appealed from a judgment of the superior court which denied his petition for a writ of prohibition to restrain respondent municipal court and the People, as real party in interest, from proceeding in a pending criminal action in which he is charged with five counts of vagrancy in violation of section 653g of the Penal Code.1 He contends that section 653g is unconstitutional because of overbreadth and vagueness,...

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