Legal Opinion
Gallaher v. Superior Court
California Court of Appeal
Decided February 21, 1980No. Civ. 47455PublishedCited by 20 opinions
1Opinion of the Court
Opinion
ELKINGTON, Acting P. J.
Upon his arraignment in the superior court on a charge of murdering one Larry Rutherford, petitioner Patrick Kime Gallaher, pursuant to Penal Code section 995, moved to set aside the information. The stated ground was that he had been denied the right to cross-examine his principal accuser at the preliminary examination. Upon denial of the motion by the superior court, he sought relief from this court by the extraordinary writ of prohibition, a practice approved, in a proper case, by Jones v. Superior Court (1971) 4 Cal.3d 660 [94 Cal.Rptr. 289, 483 P.2d 1241],…
2Cases cited21 opinions
- Brown v. United StatesSupreme Court of the United States · 1958
- Lawless v. CalawayCalifornia Supreme Court · 1944
- Jennings v. Superior CourtCalifornia Supreme Court · 1967
- Jones v. Superior CourtCalifornia Supreme Court · 1971
- People v. ZerilloCalifornia Supreme Court · 1950
16 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Whitman v. Superior CourtCalifornia Supreme Court · 1991
- Herbert v. Superior CourtCalifornia Court of Appeal · 1981
- Muzquiz v. City of EmeryvilleCalifornia Court of Appeal · 2000
- Mills v. Superior CourtCalifornia Supreme Court · 1986
- People v. MartinCalifornia Court of Appeal · 1983
15 more not listed; retrieve them via the Exa API.