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DeWOODY v. SUPERIOR COURT

Docket No. 12610.

8 Cal.App.3d 52 (1970)

87 Cal. Rptr. 210

MARION FRANCIS DEWOODY, Petitioner, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Third District.

May 25, 1970.

Attorney(s) appearing for the Case

COUNSEL

Donald G. McCallum for Petitioner.

Thomas C. Lynch, Attorney General, Edward A. Hinz, Jr., and Roger E. Venturi, Deputy Attorneys General, for Respondent and for Real Party in Interest.

OPINION

FRIEDMAN, J.

Petitioner seeks a writ of prohibition to restrain the superior court from trying him on a felony charge of driving while under the influence of intoxicating liquor. (Veh. Code, § 23101.) He charges violation of his substantial rights through the ex post facto application of a new statute utilizing blood-alcohol test results as the basis of a presumption that he drove under the influence of intoxicating liquor...

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