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GHENT v. SUPERIOR COURT

Docket No. 44837.

90 Cal.App.3d 944 (1979)

153 Cal. Rptr. 720

DAVID LUTHER GHENT, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, First District, Division Four.

March 23, 1979.

Attorney(s) appearing for the Case

COUNSEL

Terry A. Green 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, Derald E. Granberg and Eugene W. Kaster, Deputy Attorneys General, for Real Party in Interest.

OPINION

RATTIGAN, J.

The principal question in this proceeding is whether allegations of "special circumstances" made in an accusatory pleading charging murder, and portending punishment by death as provided in section 190 and related sections of the Penal Code,1 may be challenged on a motion addressed to the pleading pursuant to section 995. The proceeding...

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