Magee

Petitioner for writ of mandate and/or prohibition.

Petitioner Ruchell Magee is presently charged by indictment with violations of Penal Code sections 209 (kidnaping) and 187 (murder). The indictment was originally returned by the Marin County Grand Jury and filed in the superior court for that county. Petitioner moved the court for a change of venue, pursuant to Penal Code section 1033, upon the ground that a fair and impartial trial could not be had in Marin County. The court granted his motion and ordered the place of trial changed to the City and County of San Francisco.

Petitioner’s subsequent trial in the San Francisco Superior Court terminated when the court declared a mistrial by reason of the jury’s inability to agree upon a verdict. The court then set a new jury trial, to commence on May 29, 1973. On that date retrial was set for June 29, 1973.

On several pertinent occasions during the proceedings which occurred prior to the mistrial, the respective superior courts had made orders to the various effects that petitioner was incompetent to represent himself or to make a knowing, intelligent and understanding waiver of his right to counsel; that he was…