Ratner

Ratner v. Municipal Court

Good Law
1967 Cal. App. LEXIS 1937·256 Cal. App. 2d 925·64 Cal. Rptr. 500
Court of Appeal of CaliforniaDecember 14, 1967Civ. 31477California1,598 words

Opinion

Opinion

Fourt, J.

This is an appeal from an order denying a petition for a writ of prohibition.

Appellant herein filed a “Petition For Writ Op Prohibition Against Court Acting Without Jurisdiction and Points And Authorities” in the Superior Court of Los Angeles on September 6, 1966. Therein it is stated, among other things, that petitioner was engaged in selling books in the County of Los Angeles, that on April 20, 1966, the City Attorney of the City of Los Angeles filed a complaint in the Municipal Court of Los Angeles Judicial District, in count I of which it was charged that on February 10, 1966, Ratner had violated the provisions of section 311.2 of the Penal Code; in count II of which it was charged that on the same date Ratner had violated the provisions of section 311.5 of the Penal Code. Further, the petition set forth that on May 4, 1966, Ratner had filed a demurrer to the complaint wherein he had asserted, first, that the complaint did not conform to sections 950 and 952 of the Penal Code in that the charge was “not in any words sufficient” to give him notice of the offense of which he was accused and that the complaint was uncertain, indefinite and ambiguous and second, that the facts…

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