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BUNNELL v. SUPERIOR COURT

Docket No. S.F. 23128.

13 Cal.3d 592 (1975)

531 P.2d 1086

119 Cal. Rptr. 302

MACK VERNON BUNNELL, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California. In Bank.

February 27, 1975.

Attorney(s) appearing for the Case

COUNSEL

Sylva, Rubnitz, Dinapoli, Hastings, Holden & Livak and Thomas C. Hastings for Petitioner.

No appearance for Respondent.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Robert R. Granucci and Herbert F. Wilkinson, Deputy Attorneys General, for Real Party in Interest.

OPINION

WRIGHT, C.J.

Petitioner seeks a writ of prohibition to restrain the respondent superior court from proceeding to trial on an information charging him with murder unless it is stipulated that the offense may be no greater than second degree murder. (Pen. Code, §§ 187, 189.)1 In addition, he seeks a writ of mandate to compel the transfer of the...

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