[Download] "Davis V. Superior Court Of Marin County" by First Appellate District, Division One District Court Of Appeal Of California # Book PDF Kindle ePub Free

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eBook details

• Title: Davis V. Superior Court Of Marin County
• Author : First Appellate District, Division One District Court Of Appeal Of California
• Release Date : January 30, 1959
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 77 KB

Description

We propose to support in more detail infra the following conclusions as to Davis's petition for writ of prohibition to restrain the superior court from proceeding further upon the indictment returned against him. The indictment charges a conspiracy to pervert and obstruct justice and the due administration of the law and to cheat and defraud the State of California of property by means of violation of section 4570 of the Penal Code in taking a manuscript out of San Quentin without permission of the warden and by means of such acts to sell and distribute the book. The charge of conspiracy to obstruct justice and to cheat and defraud the state cannot be applied in its full sweep under Penal Code, section 182 subdivision 5. If we narrow down the indictment to a conspiracy under subdivision 1 or 5 of that section to violate section 4570 of the Penal Code, it will stand. Section 4570 is constitutional and the statute of limitations would not bar this prosecution for a conspiracy to violate it. But, in this proceeding, the facts presented the grand jury fail to induce a reasonable probability that the crime as thus defined was committed by petitioner, and the writ should issue.

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