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DUDLEY v. SUPERIOR COURT

Docket No. 42978.

36 Cal.App.3d 977 (1974)

111 Cal. Rptr. 797

DAVIS DUDLEY, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

January 24, 1974.

Attorney(s) appearing for the Case

COUNSEL

Richard S. Buckley, Public Defender, Harold E. Shabo, Dennis A. Fischer, Bernard J. Kamins and Michael Rothschild, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Joseph P. Busch, District Attorney, Harry B. Sondheim and Eugene D. Tavris, Deputy District Attorneys, for Real Party in Interest.

OPINION

FILES, P.J.

A complaint filed by the district attorney charged petitioner with murder (Pen. Code, § 187). After a preliminary examination the magistrate expressed his opinion that no malice had been shown, and he held petitioner to answer for the crime of manslaughter (Pen. Code, § 192). The district attorney, purporting to act under the authority of Penal Code section...

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