Anthony

Anthony v. Superior Court

Good Law
109 Cal. App. 3d 346·167 Cal. Rptr. 246·1980 Cal. App. LEXIS 2166
Court of Appeal of CaliforniaAugust 19, 1980Civ. 23290California3,909 words

Opinion

Opinion

Kaufman, J.

The superior court granted in part and denied in part petitioners’ Penal Code section 995 motions to set aside a multicount indictment charging petitioners, among others, with multiple violations of the Political Reform Act of 1974, including allegations of conspiracy to conceal the source of campaign funds, concealment of campaign funds, and perjury. The court also denied petitioners’ motions to set aside the indictments on grounds that the Attorney General failed to disclose exculpatory evidence to the grand jury and that a prior appeal by the People from orders dismissing an earlier group of indictments charging substantially the same offenses constituted a bar to the reindictment of petitioners. Petitioners sought in this court a writ of mandate or prohibition to review these orders. This court denied the writ without opinion. The Supreme Court granted hearing and retransferred the matter to this court with instructions to issue an alternative writ. In obedience to the order of the Supreme Court this court issued an alternative writ of prohibition and an order staying proceedings in the trial court pending determination on the merits. Upon reexamination we again…

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