EISEMAN v. SUPERIOR COURT

Docket No. 30269.

21 Cal.App.3d 342 (1971)

98 Cal. Rptr. 342

JOHN FREDERICK EISEMAN, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, First District, Division Four.

November 18, 1971.


Attorney(s) appearing for the Case

COUNSEL

Ralph J. Steinberg and Berns & Steinberg for Petitioner.

Evelle J. Younger, Attorney General, Edward P. O'Brien, John T. Murphy and Gloria F. DeHart, Deputy Attorneys General, for Respondent and for Real Party in Interest.


OPINION

BRAY, J.*

This is a petition for writ of prohibition to restrain the Santa Clara County Superior Court from proceeding to trial with respect to counts 4 and 5 of an information.

QUESTIONS PRESENTED

1. The superior court was bound by the determination at the preliminary examination that petitioner did not consent to the search.

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