People v. Superior Court (Day)

Opinion

HANING, J.

The People seek a writ of mandate to compel the superior court to reinstate a murder charge dismissed under authority of Jones v. Superior Court (1971) 4 Cal.3d 660 [94 Cal.Rptr. 289, 483 P.2d 1241]. We agree with the People that the murder charge was improperly dismissed.

Real party Barbara Jane Day shot and killed her estranged husband Dennis at the culmination of a domestic quarrel. The magistrate held Day to answer for voluntary manslaughter, but declined to hold her to answer on the companion charge of murder. The People refiled the murder charge in the information, and…