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GRAHAM v. SUPERIOR COURT

Docket Nos. 47698, 47723.

98 Cal.App.3d 880 (1979)

160 Cal. Rptr. 10

ERNEST GRAHAM et al., Petitioners, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent, THE PEOPLE, Real Party in Interest. ERNEST GRAHAM, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; THE PEOPLE, Real Party in Interest.

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

November 20, 1979.

Attorney(s) appearing for the Case

COUNSEL

Larson, Weinberg & Harris, James Larson, Doron Weinberg, Carrow, Forest & Jordan, Robert D. Carrow and Phillip J. Abrams for Petitioners.

No appearance for Respondent.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, and William D. Stein, Deputy Attorney General, for Real Party in Interest.

OPINION

CHRISTIAN, J.

Ernest Graham and Eugene Allen seek a writ of mandate in 1/Civil 47698 to determine that the mandatory death penalty provision of Penal Code section 4500, effective at the time of the offense with which they are charged, is unconstitutional.

The Supreme Court has recited the facts in an earlier appeal involving these petitioners as follows:

"On November 27, 1973, a state correctional officer was...

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