Legal Opinion

Mandel v. Municipal Court

California Court of Appeal

Decided October 8, 1969No. Civ. 26042PublishedCited by 33 opinions

1Opinion of the Court

superior court which denied his petition for a writ of prohibition to restrain respondent municipal court and the People, as real party in interest, from proceeding in a pending criminal action in which he is charged with five counts of vagrancy in violation of section 653g of the Penal Code.1 He contends that section 653g is unconstitutional because of overbreadth and vagueness, and that respondent court erred in overruling his demurrer because the facts stated in the complaint “du not constitute a public offense” (Pen. Code, § 1004, subd. 4) and reveal “matter which, if true, would…

2Cases cited93 opinions

  1. Chimel v. CaliforniaSupreme Court of the United States · 1969
  2. Connally v. General Construction Co.Supreme Court of the United States · 1926
  3. Tinker v. Des Moines Independent Community School DistrictSupreme Court of the United States · 1969
  4. National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
  5. Thornhill v. AlabamaSupreme Court of the United States · 1940

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3Cited by33 opinions

  1. Tobe v. City of Santa AnaCalifornia Supreme Court · 1995
  2. Bowland v. Municipal CourtCalifornia Supreme Court · 1976
  3. Nino v. Gladys R.California Supreme Court · 1970
  4. Dulaney v. Municipal CourtCalifornia Supreme Court · 1974
  5. Leonard James McSherry v. Sherman Block, SheriffCourt of Appeals for the Ninth Circuit · 1989

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