Cotton

Cotton v. Superior Court

Good Law
15 Cal. Rptr. 65·1961 Cal. LEXIS 309·56 Cal. 2d 459·364 P.2d 241
Supreme Court of CaliforniaAugust 7, 1961L. A. No. 26351California2,221 words

Opinion

lead Opinion

White, J.

By this proceeding in prohibition the 23 petitioners challenge the jurisdiction of the Superior Court of Imperial County to try them on an indictment returned by the grand jury.

It is the contention of petitioners that there is insufficient evidence to sustain the various counts of the indictment in question.

After amendment thereof, and action by respondent court dismissing certain counts pursuant to the provisions of section 995 of the Penal Code, the indictment charges the petitioners and one Gregorio Nova Sanchez in nine counts with the commission of the following offenses:

*461 I. Conspiracy to violate Penal Code section 404 (rioting), Penal Code section 245 (assault with deadly weapon and felonious assault), Penal Code section 602, subdivision (e) (trespass upon real property) and Penal Code section 207 (kidnapping).

II. Assault with deadly weapon upon Corona.

III. IV, VI. Aggravated assault on Martinez, Ramirez and Huante, respectively.

IX, X, XVI. Kidnapping Huante, Ramirez and Martinez, respectively.

XVII. Riot.

The incident which occasioned the indictment arose at the Joe Corona Labor Camp which is used to house farm workers, mostly Mexican contract workers…

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