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CURRY v. SUPERIOR COURT

Docket No. S.F. 22738.

2 Cal.3d 707 (1970)

470 P.2d 345

87 Cal. Rptr. 361

CLINTON CURRY et al., Petitioners, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

June 19, 1970.

Attorney(s) appearing for the Case

COUNSEL

Marvin Friedman, under appointment by the Supreme Court, Edward T. Mancuso, Public Defender, Charles G. Warner and James G. Magee, Deputy Public Defenders, for Petitioners.

Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, and Michael J. Phelan, Deputy Attorney General, for Respondent and Real Party in Interest.

OPINION

MOSK, J.

By this proceeding in prohibition petitioners Clinton Curry and Lionel Pete McCoy seek to prevent their trial on a charge of murder, contending they have been once in jeopardy for this offense. We conclude that the plea is justified and the relief prayed for should be granted.

Petitioners were brought to trial on an indictment charging them with the murder of Jimmy...

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