Legal Opinion

Canon v. Justice Court

California Supreme Court

Decided June 25, 1964No. Sac. No. 7547PublishedCited by 59 opinions

1Opinion of the CourtPeters, J.

By complaint filed in the justice court, appellant was charged with violating Elections Code section 12047.1 That court overruled appellant’s demurrer and *450denied his motion to dismiss, which urged, on various grounds, that appellant was constitutionally protected from prosecution under this statute. He then sought a writ of prohibition in superior court, attacking the jurisdiction of the justice court to try him under the statute. The superior court denied his petition. We hold that the writ must be granted because the statute is unconstitutionally discriminatory.

Prohibition, in this ease, is…

2Cases cited32 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Roth v. United StatesSupreme Court of the United States · 1957
  3. National Ass'n for the Advancement of Colored People v. Alabama Ex Rel. PattersonSupreme Court of the United States · 1958
  4. Thornhill v. AlabamaSupreme Court of the United States · 1940
  5. Skinner v. Oklahoma Ex Rel. WilliamsonSupreme Court of the United States · 1942

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3Cited by59 opinions

  1. Bagley v. Washington Township Hospital DistrictCalifornia Supreme Court · 1966
  2. People v. BostickCalifornia Supreme Court · 1965
  3. Weaver v. JordanCalifornia Supreme Court · 1966
  4. State v. Conifer Enterprises, Inc.Washington Supreme Court · 1973
  5. State v. PetersilieSupreme Court of North Carolina · 1993

54 more not listed; retrieve them via the Exa API.

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