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PARSLEY v. SUPERIOR COURT

Docket No. L.A. 30104.

9 Cal.3d 934 (1973)

513 P.2d 611

109 Cal. Rptr. 563

ARTHUR WENDELL PARSLEY et al., Petitioners, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

August 28, 1973.

Attorney(s) appearing for the Case

COUNSEL

Herbert M. Porter for Petitioners.

No appearance for Respondent.

Byron C. Morton, District Attorney, Howard M. Dabney, Assistant District Attorney, Ronald S. Smith and Ronald Lorden, Deputy District Attorneys, for Real Party in Interest.

Joseph P. Busch, District Attorney (Los Angeles), Harry Wood, Harry B. Sondheim and Daniel L. Bershin, Deputy District Attorneys, as Amici Curiae on behalf of Real Party in Interest.

OPINION

MOSK, J.

Defendants, charged with violation of three sections of the Health and Safety Code, moved unsuccessfully to set aside the information pursuant to Penal Code section 995,1 and failed to obtain a writ of prohibition in the Court of Appeal. We granted defendants' petition for hearing in order to decide whether a magistrate who issues a search warrant may relieve police officers of the statutory...

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