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PEOPLE v. SUPERIOR COURT (DAY)

Docket No. A031194.

174 Cal.App.3d 1008 (1985)

220 Cal. Rptr. 330

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF CONTRA COSTA COUNTY, Respondent; BARBARA JANE DAY, Real Party in Interest.

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

November 25, 1985.

Attorney(s) appearing for the Case

COUNSEL

John K. Van de Kamp, Attorney General, Eugene W. Kaster and Kristofer Jorstad, Deputy Attorneys General, for Petitioner.

No appearance for Respondent.

William Everett Glass for Real Party in Interest.

OPINION

HANING, J.

The People seek a writ of mandate to compel the superior court to reinstate a murder charge dismissed under authority of Jones v. Superior Court (1971) 4 Cal.3d 660 [94 Cal.Rptr. 289, 483 P.2d 1241]. We agree with the People that the murder charge was improperly dismissed.

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