McGonagill v. Superior Court

The petition seeks to estop the trial court from proceeding further with the trial on an information in which defendant was charged in two counts of issuing cheeks without sufficient funds in the bank to meet them.

The contention is that the petitioner has been improperly committed because the municipal court did not exclude all the persons required to be excluded from the courtroom at the time of the preliminary hearing. At the outset of the hearing, counsel for defendant (petitioner) moved: “I would like to make a motion, under Penal Code, section 868, that is, the exclusion of all persons…