Maine v. Superior Court

Petitioners, Leonard E. Maine and Thomas E. Braun, seek writs of mandate directed to the Superior Court of the County of Mendocino. By grand jury indictment they are each accused of murder (Pen. Code, § 187), two counts of kidnaping (Pen. Code, §207), forcible rape (Pen. Code, §261, subd. 4) and assault with intent to commit murder (Pen. Code, §217). Petitioners each filed a timely motion under section 1033 of the Penal Code for a change of venue on the ground that a fair and impartial trial could not be had in Mendocino County. The trial court found there could be a fair and impartial trial and denied the motions.

In this proceeding petitioners request that we review the trial court’s orders and direct that the venue be changed. The ease at bench is one of first impression in this jurisdiction; this court has not heretofore entertained applications for mandamus relief before trial to compel a change of venue. As will -appear, we conclude that mandate lies to test a nonappealable order denying a change of venue; we further conclude that petitioners’ affidavits and exhibits persuasively demonstrate the need in this case for the mandamus relief requested.

I

While mandate has not…