Yannacone

Petitioner is charged with misdemeanor manslaughter (Pen. Code, § 192, subd. 3(b)). Upon denial of his request for pretrial discovery in the municipal court, he sought mandamus in the superior court. After hearing, alternative writ was discharged and peremptory writ denied. Petitioner appeals.

A truck driven by petitioner collided with a Southern Pacific train. Petitioner’s fellow employee, riding in the truck, was killed. This prosecution for manslaughter followed.

Petitioner alleges that: He and the heirs of the deceased fellow employee have filed civil actions against the railroad company; he is informed that Southern Pacific has investigated the accident; he believes that the interests of the company are similar to those of the prosecution; he infers that the railroad would make available to the prosecution only information helpful to it; “therefore, to insure a fair trial defendant should have access to the total investigative materials as developed by the Southern Pacific Company.” He prays “issuance of a subpena duces tecum to the Southern Pacific Company, to appear at a special hearing prior to trial, and... produce their entire investigative file, reports, and…