Legal Opinion
Kirby v. Municipal Court
California Court of Appeal
Decided September 30, 1965No. Civ. 28898PublishedCited by 7 opinions
1Opinion of the Court
ASHBURN, J. *
Petitioner Kirby was charged in the municipal court with violation of section 311.5 Penal Code, a misdemeanor. The complaint was filed on June 23, 1964, defendant demurred, same was overruled, and he entered a plea of not guilty. Thereupon he filed in the superior court a petition for writ of prohibition against further proceedings upon the charge because of uneonstitutionality of the statute. After argument of the legal question the court denied an alternative writ and petitioner has appealed.
The said statute, section 311.5 Penal Code, provides: “Every person who writes or…
2Cases cited30 opinions
- Roth v. United StatesSupreme Court of the United States · 1957
- Palko v. ConnecticutSupreme Court of the United States · 1937
- Smith v. CaliforniaSupreme Court of the United States · 1960
- Cox v. New HampshireSupreme Court of the United States · 1941
- Kingsley Books, Inc. v. BrownSupreme Court of the United States · 1957
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3Cited by7 opinions
- Robins v. County of Los AngelesCalifornia Court of Appeal · 1966
- Monica Theater v. Municipal CourtCalifornia Court of Appeal · 1970
- Cohen v. Municipal CourtCalifornia Court of Appeal · 1967
- People v. LindenbaumCalifornia Court of Appeal · 1970
- Cohen v. Municipal CourtCalifornia Court of Appeal · 1967
2 more not listed; retrieve them via the Exa API.