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BARBER v. SUPERIOR COURT

Docket No. C012069.

1 Cal.App.4th 793 (1991)

2 Cal. Rptr.2d 403

DAVID ANTHONY BARBER et al., Petitioners, v. THE SUPERIOR COURT OF BUTTE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Third District.

November 27, 1991.

Attorney(s) appearing for the Case

COUNSEL

Latimer & Kenkel, Jerry J. Kenkel and Dennis R. Hoptowit for Petitioners.

No appearance for Respondent.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Acting Assistant Attorney General, J. Robert Jibson, and William G. Prahl, Deputy Attorneys General, for Real Party in Interest.

OPINION

PUGLIA, P.J.

An information filed in respondent superior court charges that "On or about October 21, 1990" petitioners violated "PENAL CODE SECTION 278.5(b)."1 Petitioners (defendants) seek a writ of prohibition restraining further prosecution (Pen. Code, § 999a) after the superior court denied their motion to dismiss on the ground that the preliminary hearing evidence does not support the...

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