PEOPLE v. SUPERIOR COURT

Docket No. 29345.

16 Cal.App.3d 811 (1971)

94 Cal. Rptr. 342

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; EMILE AUBERT THOMPSON, Real Party in Interest.

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

April 20, 1971.


Attorney(s) appearing for the Case

COUNSEL

Louis P. Bergna, District Attorney, and Leo F. Himmelsbach, Deputy District Attorney, for Petitioner.

No appearance for Respondent.

White, Cruikshank & White and Clinton W. White for Real Party in Interest.


OPINION

RATTIGAN, J.

The People seek prohibition to restrain the transfer of a murder prosecution from Santa Clara County pursuant to an order of respondent court granting a defense motion for a change of venue from that county. We have concluded (1) that the People may properly pursue extraordinary relief in this court and (2) that, under the circumstances hereinafter recounted, an appropriate writ must issue.

The murder...

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