Richter v. Municipal Court

California Court of Appeal Jun 10, 1970 No. Civ. No. 12412Published

Before: Regan

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Holding. The court reversed the order granting a writ of prohibition and remanded the case to the municipal court, based on the controlling decision in the companion case of Childress v. Municipal Court.

Issues

Whether the seized films were obscene under Penal Code section 311.2.
Whether the district attorney and municipal court should be restrained from prosecuting the respondent.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“Our decision herein is necessarily controlled by our holding in Childress, supra, ante, page 611.”

“Accordingly, the order granting the writ of prohibition is reversed, and the case is remanded to the municipal court.”

Opinion

REGAN, J. This is a companion case to Childress v. Municipal Court, ante, page 611 [87 Cal.Rptr. 383],

[617]The facts arid procedural background are essentially the same and repetition is not necessary.

The People also bring this appeal from the order of the superior court finding the seized films not obscene, and restraining the district attorney and municipal court from prosecuting the respondent for a violation of section 311.2 of the Penal Code. The People raise the same two arguments on appeal as they did in Childress.

Our decision herein is necessarily controlled by our holding in Childress, supra, ante, page 611.

Accordingly, the order granting the writ of prohibition is reversed, and the case is remanded to the municipal court.

Pierce, P. J., concurred.

A petition for a rehearing was denied July 8, 1970, and the petition of the plaintiff and respondent for a hearing by the Supreme Court was denied August 5, 1970.

Richter v. Municipal Court

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