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PEOPLE v. PINELL

Docket No. 12848.

43 Cal.App.3d 627 (1974)

117 Cal. Rptr. 913

THE PEOPLE, Plaintiff and Appellant, v. HUGO A. PINELL et al., Defendants and Respondents.

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

December 3, 1974.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Clifford Thompson, Sanford Svetcov and W. Eric Collins, Deputy Attorneys General, for Plaintiff and Appellant.

John E. Hill and Robert Y. Bell, under appointments by Court of Appeal, Harold J. Truett, Public Defender, Frank J. Cox, Deputy Public Defender, Lynn S. Carman, Garry, Dreyfus, McTernan, Brotsky, Herndon & Pesonen, Charles R. Garry, David R. Mayer, Howard Moore, Jr., Michael B. Dufficy, Louis F. Hawkins and Mario Obledo for Defendants and Respondents. Jon Van Dyke, Charles C. Marson, Joseph Remcho, Deborah Hinkel, Peter E. Sheehan, Richard M. Simms III, Julie Kesler-Goeltz, Ephraim Margolin, Paul N. Halvonik, Howard, Prim, Rice, Nemerovski, Canady & Pollak, Jerome B. Falk, Jr., and Tommie W. Whitener as Amici Curiae on behalf of Defendants and Respondents.

OPINION

DRAPER, P.J.

All defendants were indicted for murder (Pen. Code, § 187), conspiracy (Pen. Code, § 182), and assault with a deadly weapon by a prisoner either under life sentence (Pen. Code, § 4500) or a sentence for less than life (Pen. Code, § 4501). All moved to quash the indictment (Pen. Code, § 995) on the ground that the grand jury which returned the indictment in 1971 was improperly chosen.<...

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