Millaud

Terry Wynn Millaud, defendant in a criminal prosecution charging homicide, robbery, and other offenses, seeks a writ of mandate to compel pretrial criminal discovery. (Hill v. Superior Court (1974) 10 Cal.3d 812, 816 [ 112 Cal.Rptr. 257 , 518 P.2d 1353 , 95 A.L.R.3d 820 ]; Joe Z. v. Superior Court (1970) 3 Cal.3d 797, 801 [ 91 Cal.Rptr. 594 , 478 P.2d 26 ].) We have concluded discovery was improperly denied and the writ shall issue.

The charges with which we are concerned arise out of a homicide occurring at an Alpha Beta Supermarket located at 3400 Palm Avenue in San Diego. They allege Millaud attempted to steal an automobile and water jug from a Cecelia Irwin, who phoned her husband, Charles Irwin, and son, Dennis Irwin, for help. They came to the store and became involved in a fight with the man Mrs. Irwin pointed out as her assailant. After an extensive scuffle, the assailant stabbed and killed Charles Irwin.

After the incident, Alpha Beta hired a private investigating service whose employees interviewed witnesses and prepared notes and tape recordings of those conversations and photographed and videotaped the crime scene. Millaud’s counsel served a subpoena duces…