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Tannenbaum v. Superior Court

115 Cal. App. 2d 394 Court First Dist., Div. One. Decision date 1953-01-16 Docket Crim. No. 2900; Crim. No. 2901; Civ. No. 15673; Civ. No. 15674 English

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p. 394
[Crim. No. 2900.
First Dist., Div. One.
Jan. 16, 1953.]
In re JOSEPH TANNENBAUM, on Habeas Corpus; In re CARL E. BROWN, on Habeas Corpus; JOSEPH TANNENBAUM, Petitioner, v. SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; CARL E. BROWN, Petitioner, v. SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO.
[Crim. No. 2901.
[Civ. No. 15673.
[Civ. No. 15674.
John R. Golden for Petitioner Joseph Tannenbaum.
Leslie C. Gillen and Sol A. Abrams for Petitioner Carl E. Brown.

The petitions for writs of habeas corpus are denied.

The court is of the opinion that the rule of People v. Talle, 111 Cal.App.2d 650 [ 245 P.2d 633 ], applying Statutes of 1871, page 319, was not here violated. (See, generally, In re Lemon, 15 Cal.App.2d 82 [ 59 P.2d 213 ]; United States v. Price, 163 F. 904 .) We are further of the view that the testimony of an accomplice is sufficient upon which to indict as it is to hold to answer. (People v. McRae, 31 Cal.2d 184 [ 187 P.2d 741 ].) The other points raised do not necessitate discussion. The petitions for writs of prohibition are denied.

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