Lansdown

This matter is before us on a writ of mandate to compel change of venue from the Superior Court of Kern County. Petitioner, Betty Louise Lansdown, also known as Betty Louise Fouquet, and also known as Betty Louise Baker, is charged with violation of Penal Code section 273a, subdivision (1), wilful child abuse, and of Penal Code, section 271, desertion of a child under 14 years of age. The ground for her motion is that prejudicial publicity has made it impossible for her to receive a fair and impartial trial by jury in Kern County.

In Maine v. Superior Court, 68 Cal.2d 375 [ 66 Cal.Rptr. 724 , 438 P.2d 372 ], the court reviewed the propriety of mandamus as a proper procedure, before trial, for seeking a review of a pretrial order denying a change of venue upon the ground that prejudicial pretrial publicity has adversely affected a defendant’s right to a fair and impartial trial. The court held mandamus is a proper remedy in such cases. Further, that in keeping with Sheppard v. Maxwell, 384 U.S. 333, 362 [ 16 L.Ed.2d 600, 620 , 86 S.Ct. 1507 ] in such a proceeding the appellate tribunal is under a duty to make an independent evaluation of the circumstances, that is,…