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SCHERR v. MUNICIPAL COURT

Docket No. 28043.

15 Cal.App.3d 930 (1971)

93 Cal. Rptr. 556

MAX SCHERR, Plaintiff and Appellant, v. THE MUNICIPAL COURT FOR THE BERKELEY-ALBANY JUDICIAL DISTRICT OF ALAMEDA COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Respondent.

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

March 10, 1971.

Attorney(s) appearing for the Case

COUNSEL

Paul N. Halvonik and Charles C. Marson for Plaintiff and Appellant.

No appearance for Defendant and Respondent.

Thomas C. Lynch and Evelle J. Younger, Attorneys General, Derald E. Granberg and Gloria F. DeHart, Deputy Attorneys General, for Real Party in Interest and Respondent.

OPINION

DEVINE, P.J.

This case comes to the Court of Appeal by the process of appeal from an order of the superior court denying a petition for writ of prohibition to prevent the municipal court from proceeding with the prosecution of a misdemeanor charge, violation of Penal Code section 311.2, subdivision (a).

Appellant was charged originally with knowingly preparing, publishing...

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