FAIN v. SUPERIOR COURT

Docket No. S.F. 22702.

2 Cal.3d 46 (1970)

465 P.2d 23

84 Cal. Rptr. 135

WILLIAM ARCHIE FAIN, Petitioner, v. THE SUPERIOR COURT OF STANISLAUS COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

February 24, 1970.


Attorney(s) appearing for the Case

COUNSEL

Walter C. Hancock, Public Defender, and Robert Y. Bell for Petitioner.

No appearance for Respondent.

Thomas C. Lynch, Attorney General, Edsel W. Haws and Charles P. Just, Deputy Attorneys General, for Real Party in Interest.


OPINION

MOSK, J.

By this petition for writ of mandate defendant William Archie Fain seeks to compel respondent superior court to grant his motion for change of venue prior to retrial of the penalty phase of his prosecution for murder and other crimes. After an independent review of the record, we have concluded there is a reasonable likelihood defendant cannot obtain a fair trial of this matter in Stanislaus County, and hence a change...

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