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STALCUP v. SUPERIOR COURT

Docket No. 30989.

24 Cal.App.3d 932 (1972)

101 Cal. Rptr. 467

MICHAEL CASPER STALCUP, Petitioner, v. THE SUPERIOR COURT OF SOLANO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

April 17, 1972.

Attorney(s) appearing for the Case

COUNSEL

Paul Ligda, Public Defender, and William Hubbard, Deputy Public Defender, for Petitioner.

Evelle J. Younger, Attorney General, Herbert L. Ashby, Chief Assistant Attorney General, Doris H. Maier, Assistant Attorney General, Gloria F. DeHart and April Kestell, Deputy Attorneys General, for Respondent and for Real Party in Interest.

OPINION

BRAY, J.*

Petitioner seeks a writ of prohibition or mandate directing the Solano County Superior Court to enter an order of conviction of murder in the second degree and to set aside its order setting the cause for retrial.

Question Presented

Should the trial court instead of declaring a mistrial have entered an order of conviction...

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