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OWEN v. SUPERIOR COURT

Docket Nos. 44393, 44495.

88 Cal.App.3d 757 (1979)

152 Cal. Rptr. 88

KENNETH JAY OWEN et al., Petitioners, v. THE SUPERIOR COURT OF SOLANO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

January 25, 1979.

Attorney(s) appearing for the Case

COUNSEL

Bonjour, Gough, Stone & Remer, Kerry M. Gough, Jules F. Bonjour, Jr., Gary C. Smith and Penelope M. Cooper for Petitioners.

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, Timothy A. Reardon and Derald E. Granberg, Deputy Attorneys General, for Real Party in Interest.

OPINION

HALVONIK, J.

Petitioners are charged by indictment with conspiracy to commit murder in the first degree. The first degree murder charge also alleges two special circumstances: (1) that petitioners willfully conspired to commit premeditated murder "by means of a destructive device or explosive" (Pen. Code, § 190.2, subd. (b)1) and (2) that petitioners willfully conspired to murder a peace officer...

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