Sherwood v. Superior Court

Opinion

MOSK, J.

— This is a petition for original writ of mandate to compel dismissal of an indictment or, in the alternative, to order a postindictment preliminary hearing.

On June 30, 1973, a felony complaint was filed charging petitioner and two codefendants with conspiracy to sell narcotics and possession of marijuana for sale. All three defendants appeared in court and a preliminary hearing was set. On the date of the latter, however, petitioner failed to appear and the matter was continued. When petitioner again failed to appear, a bench warrant issued. On October 3, 1973, the' district…