HALE v. SUPERIOR COURT

Docket No. S.F. 23287.

15 Cal.3d 221 (1975)

539 P.2d 817

124 Cal. Rptr. 57

JACK L. HALE, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

September 18, 1975.


Attorney(s) appearing for the Case

COUNSEL

Robert Nicco, Public Defender, and Estella W. Dooley, Deputy Public Defender, for Petitioner.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, W. Eric Collins and Sanford Svetcov, Deputy Attorneys General, for Respondent and for Real Party in Interest.


OPINION

CLARK, J.

(1a) The question presented by this case is whether section 1368.1, subdivision (a), of the Penal Code is unconstitutional insofar as it provides that a hearing into a felony defendant's mental competency may not be held until an indictment or an information has been filed against him.

The question is raised by petition for writ of prohibition filed...

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