Stanley v. Justice Court

Opinion

PUGLIA, P. J.

The resolution of this appeal requires that we interpret the qualifying phrase “nearest or most accessible” as descriptive of the magistrate before whom one arrested for felony without a warrant must be taken “without unnecessary delay.” (Pen. Code, § 849, subd. (a).) Appellant 2 herein asserts that the qualifying phrase imposes essentially a geographic limitation. We conclude that such a literal interpretation of the phrase would create unmanageable discordance among various Penal Code provisions governing felony pretrial procedure. Consequently, we reject the…