Legal Opinion
Jennings v. Superior Court
California Supreme Court
Decided June 16, 1967No. S. F. 22502PublishedCited by 163 opinions
1Opinion of the CourtMosk, J.
The sole question presented in this proceeding for a writ of prohibition is the scope and enforceability of a *871defendant’s right to present an affirmative defense at his preliminary hearing if he so chooses. We have concluded that this right is guaranteed by constitution and by statute and that its timely assertion in the case at bar requires issuance of a peremptory writ.
Petitioner was charged by complaint with illegal possession of narcotics (Health & Saf. Code, § 11500) and narcotics paraphernalia (Health & Saf. Code, § 11555). Other than a criminalist who identified the narcotic character…
2Cases cited34 opinions
- Pointer v. TexasSupreme Court of the United States · 1965
- People v. WatsonCalifornia Supreme Court · 1956
- Douglas v. AlabamaSupreme Court of the United States · 1965
- Hurtado v. CaliforniaSupreme Court of the United States · 1884
- Specht v. PattersonSupreme Court of the United States · 1967
29 more not listed; retrieve them via the Exa API.
3Cited by163 opinions
- People v. FudgeCalifornia Supreme Court · 1994
- People v. Pompa-OrtizCalifornia Supreme Court · 1980
- People v. Chi Ko WongCalifornia Supreme Court · 1976
- Theodor v. Superior CourtCalifornia Supreme Court · 1972
- Hawkins v. Superior CourtCalifornia Supreme Court · 1978
158 more not listed; retrieve them via the Exa API.