Legal Opinion
Goldman v. Superior Court
California Court of Appeal
Decided March 25, 1954No. Civ. 20140PublishedCited by 3 opinions
1Opinion of the CourtMcCOMB, J.
This is a petition for a writ of prohibition to restrain respondent court from trying petitioner on an information charging him with violating section 496 of the Penal Code (withholding or concealing stolen property).
Respondent has not filed a demurrer or answer to the petition or alternative writ of prohibition. * Therefore the facts as stated in the petition will be deemed admitted. (Kirby v. Superior Court, 68 Cal. 604, 606 [10 P. 119]; Smith v. Superior Court, 124 Cal.App. 685 [13 P.2d 400]; cf. Code Civ. Proc., § 1094.)
Applying this rule the facts are:(1) Petitioner is an employee and…
2Cases cited7 opinions
- People v. NagleCalifornia Supreme Court · 1944
- Guerin v. KirstCalifornia Supreme Court · 1949
- Bice v. Harold L. Arnold, IncorporatedCalifornia Court of Appeal · 1925
- Kirby v. Superior CourtCalifornia Supreme Court · 1886
- People v. ScottCalifornia Court of Appeal · 1951
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- City Council v. Superior CourtCalifornia Court of Appeal · 1960
- People v. ScaggsCalifornia Court of Appeal · 1957
- General Motors Acceptance Corp. v. GilbertCalifornia Court of Appeal · 1961