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CASH v. SUPERIOR COURT

Docket No. 2072.

35 Cal.App.3d 226 (1973)

110 Cal. Rptr. 612

SHELBY J. CASH et al., Petitioners, v. THE SUPERIOR COURT OF FRESNO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fifth District.

November 9, 1973.

Attorney(s) appearing for the Case

COUNSEL

Shelby Jay Cash, in pro. per., Melvin W. Nitz, Public Defender, Edward Sarkisian, Jr., Deputy Public Defender, and William A. Smith for Petitioners.

No appearance for Respondent.

Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, Doris H. Maier, Assistant Attorney General, Charles P. Just and Roger E. Venturi, Deputy Attorneys General, for Real Party in Interest.

OPINION

FRANSON, J.

Petitioners seek a writ of prohibition or alternative writ of mandate. For the reasons expressed we hold that the writ of prohibition must issue to stop further proceedings on the information filed herein because petitioners have not been legally committed by a magistrate. (Pen. Code, §§ 995, 999a.)

(1) The question is whether the superior...

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