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PATE v. MUNICIPAL COURT

Docket No. 1172.

11 Cal.App.3d 721 (1970)

89 Cal. Rptr. 893

JESSIE C. PATE et al., Plaintiffs and Appellants, v. THE MUNICIPAL COURT FOR THE MODESTO JUDICIAL DISTRICT OF STANISLAUS COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Respondent.

Court of Appeals of California, Fifth District.

September 29, 1970.

Attorney(s) appearing for the Case

COUNSEL

Carlos J. Badger for Plaintiffs and Appellants.

No appearance for Defendant and Respondent.

Thomas C. Lynch, Attorney General, Nelson P. Kempsky, Daniel J. Kremer and Russell L. Moore, Jr., Deputy Attorneys General, for Real Party in Interest and Respondent.

OPINION

GARGANO, J.

By complaint filed in the Municipal Court for the Modesto Judicial District, appellants were charged with knowingly having in their possession and exhibiting lewd and obscene motion pictures in violation of section 311.2 of the Penal Code, a misdemeanor. Appellants moved the court to suppress the evidence and exclude the press and public from the trial. The motions were denied. Appellants then petitioned the Superior...

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