Legal Opinion
Cash v. Superior Court
California Court of Appeal
Decided November 9, 1973No. Civ. 2072PublishedCited by 10 opinions
1Opinion of the Court
Opinion
FRANSON, J.
Petitioners seek a writ of prohibition or alternative writ of mandate. For the reasons expressed we hold that the writ of prohibition must issue to stop further proceedings on the information filed herein be cause petitioners have not been legally committed by a magistrate. (Pen. Code, §§ 995, 999a.)
The question is whether the superior court has appellate jurisdiction to hear an appeal from an order of a magistrate dismissing a felony complaint following the granting of a 1538.5 motion to suppress evidence. We hold that it does not.
The procedural chronology which has given…
2Cases cited10 opinions
- People v. ValentiCalifornia Supreme Court · 1957
- People v. UhlemannCalifornia Supreme Court · 1973
- People v. CombesCalifornia Supreme Court · 1961
- People v. Superior CourtCalifornia Court of Appeal · 1969
- Monica Theater v. Municipal CourtCalifornia Court of Appeal · 1970
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People v. BelknapCalifornia Court of Appeal · 1974
- Vlick v. Superior CourtCalifornia Court of Appeal · 1982
- In Re GeerCalifornia Court of Appeal · 1980
- People v. DentonAppellate Division of the Superior Court of California · 1978
- Lagos v. City of OaklandAppellate Division of the Superior Court of California · 1995
5 more not listed; retrieve them via the Exa API.