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PEOPLE v. SUPERIOR COURT (SMART)

Docket No. B019341.

179 Cal.App.3d 860 (1986)

225 Cal. Rptr. 62

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; BETTIE KATHLINE SMART, Real Party in Interest.

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

April 7, 1986.

Attorney(s) appearing for the Case

COUNSEL

Ira Reiner, District Attorney, Donald J. Kaplan and Brent Riggs, Deputy District Attorneys, for Petitioner.

No appearance for Respondent.

M. Lynn Huston for Real Party in Interest.

OPINION

HASTINGS, J.

The People seek a writ of mandate to compel the superior court to reinstate a charge of murder dismissed pursuant to Penal Code section 995. We agree that the murder charge was improperly dismissed.

Defendant/real party Kathline Smart was charged with the murder of her infant son, Matthew Smart. She was also charged with felonious child abuse (Pen. Code, § 273a, subd. (1)). After a preliminary hearing...

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