LEONARD GEORGE HORNER, Petitioner,
v.
THE SUPERIOR COURT OF LAKE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.
Court of Appeals of California, First District, Division Two.https://leagle.com/images/logo.png
December 7, 1976.
December 7, 1976.
Attorney(s) appearing for the Case
COUNSEL
David Nelson and Raymond E. Schaal for Petitioner.
Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Derald E. Granberg, William D. Stein and Herbert F. Wilkinson, Deputy Attorneys General, for Respondent and for Real Party in Interest.
John K. Van de Kamp, District Attorney, Harry B. Sondheim and Richard W. Gerry, Deputy District Attorneys, as Amici Curiae on behalf of Respondent and Real Party in Interest.
Court of Appeals of California, First District, Division Two.
OPINION
ROUSE, J.
Petitioner stands charged by information with a violation of section 245 of the Penal Code1 (assault with a deadly weapon). He seeks a writ of prohibition to prevent further proceedings against him and/or a writ of mandate to compel respondent court to dismiss the action against him. The question presented to us for determination is whether section 1387, as amended, is a bar to the prosecution...
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