Longstreth

The petition of Longstreth for writ of prohibition to restrain the superior court from proceeding further upon the indictment returned against him raises the same factual matters and issues as have been previously discussed in the decision in Davis v. Superior Court, No. 18759, ante, p. 8 [ 345 P.2d 513 ] decided this day.

In addition to the reasons therein set forth we submit a further factor which dispels the force of the indictment against petitioner Longstreth.

Once the indictment is bifurcated into the unpermitted taking on the one hand and the sale and publication of the *28 manuscript to defraud California of its property rights on the other, the failure of the indictment against petitioner Longstreth becomes quite clear. Petitioner’s only connection with the alleged conspiracy emanates from acts subsequent to the taking of the manuscript and wholly concerned with the sale and publication of the book. Indeed, at the hearing, District Attorney Weissich stated, "[A]nd I repeat, I have never contended nor do I contend either Longstreth or any agent of Prentice-Hall participated in the smuggling.” Petitioner Longstreth’s sole participation then must rest on ex post facto and…