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TAYLOR v. SUPERIOR COURT

Docket No. S.F. 22730.

3 Cal.3d 578 (1970)

477 P.2d 131

91 Cal. Rptr. 275

ALVIN TAYLOR, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

December 2, 1970.

Attorney(s) appearing for the Case

COUNSEL

John D. Nunes, Public Defender, and Gordon Van Kessel, Assistant Public Defender, for Petitioner.

Robert L. Boags as Amicus Curiae on behalf of Petitioner.

Thomas C. Lynch, Attorney General, Arlo E. Smith, Chief Assistant Attorney General, Albert W. Harris, Jr., Assistant Attorney General, Derald E. Granberg and James B. Cuneo, Deputy Attorneys General, for Respondent and for Real Party in Interest.

OPINION

BURKE, J.

Petitioner and his codefendant Daniels were charged by information with the murder of John H. Smith, robbery, assault with a deadly weapon against Linda West, and assault with a deadly weapon against Jack West. The superior court denied petitioner's motion to set aside the information as to the murder count (Pen. Code, § 995), and we issued an alternative writ of prohibition...

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