Legal Opinion

Cotton v. Municipal Court

California Court of Appeal

Decided June 28, 1976No. Civ. 14344PublishedCited by 15 opinions

1Opinion of the Court

Opinion

AULT, J.

In early 1974, defendants Cotton, Zegler, Simmons and Brinker were separately charged in the Municipal Court of the San Diego Judicial District with violating Penal Code section 270 (willful failure to provide for minor children), a misdemeanor. One attorney was appointed to represent all of them. After their challenges to the constitutionality of Penal Code section 270 were rejected by the municipal court, defendants petitioned the superior court for writs of prohibition, again claiming the statute was unconstitutional. The superior court denied the writs, and each defendant…

2Cases cited8 opinions

  1. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  2. People v. OlivasCalifornia Supreme Court · 1976
  3. Sail'er Inn, Inc. v. KirbyCalifornia Supreme Court · 1971
  4. Westbrook v. MihalyCalifornia Supreme Court · 1970
  5. Murgia v. Municipal CourtCalifornia Supreme Court · 1975

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3Cited by15 opinions

  1. Scherling v. Superior CourtCalifornia Supreme Court · 1978
  2. People v. CruzCalifornia Court of Appeal · 2012
  3. People v. DavisCalifornia Court of Appeal · 1979
  4. Bosco v. Justice CourtCalifornia Court of Appeal · 1978
  5. In Re MonigoldCalifornia Court of Appeal · 1983

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