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McDANIEL v. SUPERIOR COURT

Docket No. 14742.

55 Cal.App.3d 803 (1976)

126 Cal. Rptr. 136

DEREK A. McDANIEL et al., Petitioners, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fourth District, Division One.

February 25, 1976.

Attorney(s) appearing for the Case

COUNSEL

Savitz & Welles, Richard E. Savitz, McInerney, Milchen & Frank and Robert E. May for Petitioners.

No appearance for Respondent.

Edwin L. Miller, Jr., District Attorney, Peter C. Lehman and Henry R. Mann, Deputy District Attorneys, for Real Party in Interest.

OPINION

COLOGNE, J.

Defendants Derek A. McDaniel and Michael James Eubanks petition for a writ of prohibition (Pen. Code, § 999a) following denial of their motions to set aside an information. Defendants concede there is ample evidence to bind them over on the charge they committed an attempted robbery while armed with a dangerous weapon and did use a firearm (Pen. Code, §§ 664, 211 and 12022.5). Their contention is...

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