Mier
Mier v. Municipal Court
Opinion
Lead Opinion
Ford, J.
This is an appeal from a judgment granting a peremptory writ of prohibition whereby the Municipal Court for the Culver Judicial District was commanded to desist from further proceedings with respect to certain counts of amended *471 complaints filed in pending criminal prosecutions. The counts were those which were based on alleged violations of an ordinance of Culver City. A writ was denied with respect to other counts in which violations of section 311 of the Penal Code of the State of California were charged.
The petitioners were the defendants in prosecutions pending in the municipal court. Petitioner California Magazines, Inc., was engaged in the business of the wholesale distribution of books, magazines, pamphlets and other publications. The other petitioners were owners and operators of certain liquor stores in Culver City wherein books, magazines and pamphlets were sold. The publication involved in a particular count of an amended complaint filed in the municipal court was described by name. Examples of such names are: “American Nudist,” “Sunbathers Calendar,” “Naturist,” and “Nudist Calendar. ’ ’