MILLS v. SUPERIOR COURT

Docket No. S.F. 24947.

42 Cal.3d 951 (1986)

728 P.2d 211

232 Cal. Rptr. 141

JOHNNIE MILLS, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

December 11, 1986.


Attorney(s) appearing for the Case

COUNSEL

Jeff Brown, Public Defender, Peter G. Keane, Chief Deputy Public Defender, Mark Nissenbaum and Grace Lidia Suarez, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, Ronald E. Niver, Ann K. Jensen, Donna Chew and Herbert F. Wilkinson, Deputy Attorneys General, for Real Party in Interest.

Edwin L. Miller, Jr., District Attorney (San Diego), Peter C. Lehman and Paul M. Morley, Deputy District Attorneys, as Amici Curiae on behalf of Real Party in Interest.


OPINION

MOSK, J.

We granted review in this case to determine the constitutionality of Penal Code section 872, subdivisions (b) and (c), which authorize the admission at preliminary hearings of written statements in lieu of testimony of any witness who is not an eyewitness to or a victim of a crime against his person.1 Under the statute, a finding of probable cause may be based

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