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DALTON v. SUPERIOR COURT OF SAN DIEGO CTY.

Docket No. D019546.

19 Cal.App.4th 1506 (1993)

24 Cal. Rptr.2d 248

KERRY LYN DALTON et al., Petitioners, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

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

November 2, 1993.

Attorney(s) appearing for the Case

COUNSEL

Loren I. Mandel, Alternate Public Defender, Jacqueline C. Crowle and Raymond J. Thielen II, Deputy Alternate Public Defenders, Alex Landon and Gary Bloch for Petitioners.

No appearance for Respondent.

Edwin L. Miller, Jr., District Attorney, Thomas F. McArdle and Julie A. Whitaker, Deputy District Attorneys, for Real Party in Interest.

OPINION

FROEHLICH, J.

In this proceeding in mandate we must decide whether the apparently conflicting subdivisions of Penal Code1 section 1335 allow or prohibit the People to examine witnesses conditionally in death penalty cases. Based on the century-old prohibition on such examinations and the absence in legislative history of reason to depart from the prohibition, we conclude the People may not conduct...

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