CLIFTON v. SUPERIOR COURT

Docket No. 33004.

35 Cal.App.3d 654 (1973)

111 Cal. Rptr. 63

LLOYD CLIFTON, Petitioner, v. THE SUPERIOR COURT OF HUMBOLDT COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

November 29, 1973.


Attorney(s) appearing for the Case

COUNSEL

James L. Browning, Jr., United States Attorney, James L. Hazard, Assistant United States Attorney, Mathews, Traverse & McKittrick and James R. McKittrick for Petitioner.

No appearance for Respondent.

William F. Ferroggiaro, Jr., District Attorney, for Real Party in Interest.


OPINION

RATTIGAN, J.

Petitioner Lloyd Clifton seeks a writ of mandate which would compel respondent court to dismiss an indictment charging him with criminal homicide. The principal question presented pertains to whether, when, and where petitioner should challenge respondent court's jurisdiction upon the ground that he is constitutionally immune from criminal prosecution, under state law, for an act which he committed while engaged...

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