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JOHNSON v. SUPERIOR COURT

Docket No. S.F. 23168.

15 Cal.3d 248 (1975)

539 P.2d 792

124 Cal. Rptr. 32

LOWELL RAY JOHNSON, Petitioner, v. THE SUPERIOR COURT OF SAN JOAQUIN COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

September 19, 1975.

Attorney(s) appearing for the Case

COUNSEL

Michael J. Barkett, Jr., for Petitioner.

No appearance for Respondent.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Marjory Winston Parker, Robert D. Marshall and Kevin M. Corrington, Deputy Attorneys General, for Real Party in Interest.

OPINION

CLARK, J.

Petitioner seeks writ of prohibition restraining respondent superior court from proceeding to trial by indictment charging him with conspiracy to commit and with commission of the crime of illegally transporting and selling a controlled substance (amphetamine tablets). (Pen. Code, § 182; Health & Saf. Code, § 11352.)

Prior to submission of the matter to the grand jury, petitioner's testimony...

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