[Download] "Beresh v. Sovereign Life Insurance Co." by Second Appellate District, Division Five Court of Appeal of California # eBook PDF Kindle ePub Free

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eBook details

• Title: Beresh v. Sovereign Life Insurance Co.
• Author : Second Appellate District, Division Five Court of Appeal of California
• Release Date : January 01, 1979
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

Petitioner Charles E. Puett is the defendant in a criminal action in which he is charged with six counts of issuing a check without sufficient funds (Pen. Code, § 476a). Two days before his scheduled preliminary hearing, petitioner (hereafter defendant), who is indigent, moved the Victorville Division of the San Bernardino Municipal Court in which the preliminary hearing was to be held, for the appointment of an investigator at public expense to assist in the preparation of his defense. The motion was denied without prejudice to defendants presenting such a motion to the superior court should he be held to answer following the preliminary hearing. Defendant then applied to the San Bernardino Superior Court for a writ of mandate to compel the municipal court to appoint an investigator in accordance with his request. The superior court denied the writ on the ground that defendant had failed to demonstrate that the municipal court abused its discretion in denying his original motion. Thereupon defendant applied to this court for an order staying the preliminary hearing and writs of prohibition, mandate and certiorari to compel the superior court to issue a writ of mandate to the municipal court to require it to appoint an investigator in accordance with defendants request. We issued a stay order and an alternative writ of mandate.

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