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MARLER v. MUNICIPAL COURT

Docket No. 22318.

110 Cal.App.3d 155 (1980)

167 Cal. Rptr. 666

ROBERT CLIFTON MARLER et al., Plaintiffs and Appellants, v. THE MUNICIPAL COURT FOR THE SAN DIEGO JUDICIAL DISTRICT OF SAN DIEGO COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Respondent.

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

August 26, 1980.

Attorney(s) appearing for the Case

COUNSEL

Hecht, Diamond & Greenfield and Roger Jon Diamond for Plaintiffs and Appellants.

No appearance for Defendant and Respondent.

John W. Witt, City Attorney, Ted Bromfield, Chief Deputy City Attorney, and S. Patricia Rosenbaum, Deputy City Attorney, for Real Party in Interest and Respondent.

OPINION

STANIFORTH, J.

Robert Clifton Marler, Kenneth L. Bryant and Dolye M. Russell sought a writ to prohibit the municipal court from proceeding with trial of misdemeanor obscenity charges. The superior court denied their petition and this appeal followed.

The facts are undisputed. The San Diego City Attorney filed separate misdemeanor obscenity cases (Pen. Code, § 311...

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