IN RE KOWALSKI

Docket No. 5038.

21 Cal.App.3d 67 (1971)

98 Cal. Rptr. 444

In re STEPHEN RICHARD KOWALSKI on Habeas Corpus.

Court of Appeals of California, Fourth District, Division One.

November 10, 1971.


Attorney(s) appearing for the Case

COUNSEL

Roy W. Paul, Jr., for Petitioner.

Edwin L. Miller, Jr., District Attorney, Terry J. Knoepp and Ronald M. Jarvis, Deputy District Attorneys, for Respondent.


OPINION

BROWN (Gerald), P.J.

Stephen Richard Kowalski petitions for a writ of habeas corpus, asserting he is entitled to be discharged and released from custody, the trial court having granted a motion to set aside his indictment, and ordering the case dismissed. Later, another superior court judge set aside the dismissal, taking the position it was void as being in excess of jurisdiction. The latter judge set a date for Kowalski...

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