Herbert v. Superior Court

Opinion

CARR, J.

Following denial by the trial court of petitioner’s motion to dismiss (Pen. Code, § 995), we issued an alternative writ and stay order.

The sole issue before us is whether a criminal defendant’s right to confrontation of witnesses is violated or abridged when at the direction of the magistrate, the defendant is so seated that he can hear but not see the witness. The witness in question was a five-year-old girl, the complaining witness at the preliminary examination on a complaint charging defendant with sexual offenses against the minor.

Petitioner is charged with two counts of…