People v. Superior Court (Henderson)

Opinion

ROUSE, J.

The People seek a writ of mandate to compel respondent 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],

On July 19, 1984, a complaint was filed accusing real party, Dean Ray Henderson, of the robbery and murder of Patricia Prenger. On May 8, 1985, at the conclusion of the preliminary hearing, Henderson was held to answer only for voluntary manslaughter. The magistrate stated that the death of Patricia Prenger occurred during the heat of passion and/or sudden quarrel.

On May 22,…