Abbott v. Superior Court
Before: Lennon
Synopsis
Mandamus—Dismissal op Indictments.—It is held, on the same facts appearing in these cases as in the case of Tirey L. Ford v. Superior Court et al., ante, p. 1, and on the authority of that case, that a peremptory mandate must issue to the judge of the superior court, respondent, requiring the dismissal of all indictments against each one of the petitioners above named, pending in said superior court of the city and county of San Francisco.
LENNON, P. J.
The respective petitions of .William M. Abbott, Thornwell Mull ally, and Patrick Calhoun for a writ of mandate, directed to the superior court of the city and county of San Francisco, requiring a dismissal of certain indictments for felony pending in said court against petitioners, were submitted for decision with the case of Tirey L. Ford, this day decided.
[14]
In point of law and fact the cases are practically identical. The differences are nonessential. In the case of Patrick Calhoun he was once tried. In the cases of the other petitioners they were never given even a single trial. For the reasons stated in the case of
Tirey L. Ford
versus
Superior Court of the City and County of San Francisco et al.
(No. 1052),
ante,
p. 1, [118 Pac. 96], the prayer of each petitioner is granted, and it is ordered that a peremptory writ of mandate issue out of this court and under the seal thereof, directed to the superior court of the city and county of San Francisco and to the Honorable Wm. P. Lawlor, judge thereof, directing and commanding the dismissal of all the indictments pending against these petitioners and each of them.
Chipman, J., and Kerrigan, J., concurred.
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