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Shareware Overload Trio 2
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Shareware Overload Trio Volume 2 (Chestnut CD-ROM).ISO
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CHAPTER.16
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Prosecuting and District Attorneys
"A prosecuting attorney is a public officer, because he
represents the sovereign power of the people of the state by whose
authority and in whose name, under Const. [1879] Art. 6, 20, [1849
- Art. 6, 7], all prosecutions must be conducted, and not because
of his relation to the court." Fleming v. Hancey, 153 C. 162, 94
P. 620.
"District Attorney is public prosecutor and must attend courts
and conduct, on behalf of the people, all prosecutions for public
offenses, and when not engaged in criminal proceedings, in superior
court or in civil cases on behalf of the people, he must attend
upon magistrates when requested by them and perform other specific
duties." 15 Op. Atty. Gen. 231.
"It is the duty of the district attorney to file complaints
and prosecute misdemeanor violations of statutes in cities where
there is no city prosecutor or where the city prosecutor is
disqualified or unable to prosecute or when the statutes are not
being uniformly or adequately enforced." 20 Op. Atty. Gen. 234.
"A person not licensed to practice law by any court is
eligible to the office of district attorney." People ex. rel.
Galvin v. Dorsey (1860) 32 C. 296.
"The District Attorney has the right to institute proceedings
and to prosecute pending cases, which rests primarily on evidence
procured by police methods constituting unreasonable searches and
seizures in violation of Article I, 19 of the California
Constitution and the 14th Amendment to the United States
Constitution, and does not subject himself to either civil or
criminal liability by so doing, but he is not required to institute
or prosecute such cases, if in his judgment such action will not be
for the best interest of the State." 24 Op. Atty. Gen. 95.
"A police officer who investigates pending criminal
prosecutions as an adjunct to the district attorney's office is not
functionally equivalent to a prosecutor; a police officer does not
occupy the same public trust as a prosecutor, is not an officer of
the court, and has none of the discretionary power of a prosecutor
in presenting the state's case in court. Accordingly, such a
policeman who suppressed exculpatory evidence in a criminal case,
resulting in a citizen's improper conviction, enjoyed no
prosecutorial immunity in a civil rights action (42 U.S.C. 1983)
brought by that citizen." Randle v. City and County of San
Francisco (1986, 1st Dist.), 186 Cal. App. 3d 449, 230 Cal. Rptr.
901.
"Persons employed by district attorney under authority of Pol.
Code 4307 (repealed. See West's Annotated Government Code 29600
et seq), to detect crime, are in no sense "deputy district
attorneys" in view of duties of latter as defined by 4153
(repealed. See West's Annotated Government Code 26500 et seq.).
Cunning v. Carr (1924), 230 P. 987, 69 C.A. 230.
See also Government Code 26500 et seq.