People v. Superior Court

The People seek prohibition to restrain the transfer of a murder prosecution from Santa Clara County pursuant to an order of respondent court granting a defense motion for a change of venue from that county. We have concluded (1) that the People may properly pursue extraordinary relief in this court and (2) that, under the circumstances hereinafter recounted, an appropriate writ must issue.

The murder charge arises from a shooting in which Richard Huerta was killed in San Jose on August 6, 1970, while on duty as an officer of that city’s police department. Shortly after the shooting, real party in interest Emile Aubert Thompson (hereinafter “defendant”) was arrested and charged with Officer Huerta’s murder. After defendant had been held to answer in respondent court, and had been arraigned therein, he moved for a change of venue, pursuant to Penal Code sections 1033 and 1034, upon the ground that a fair and impartial trial could not be had in Santa Clara County. Respondent court having granted the motion, the People commenced the present proceeding.

The first question pertains to the People’s standing to pursue this proceeding. The decisions dealing with the pretrial…