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PEOPLE v. CURTIS

Docket No. Crim. 12665.

70 Cal.2d 347 (1969)

450 P.2d 33

74 Cal. Rptr. 713

THE PEOPLE, Plaintiff and Respondent, v. ALBERT ALLEN CURTIS, Defendant and Appellant.

Supreme Court of California. In Bank.

February 13, 1969.

Attorney(s) appearing for the Case

James E. Burden, under appointment by the Supreme Court, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Daniel J. Kremer and Marjory E. Winston, Deputy Attorneys General, for Plaintiff and Respondent.

MOSK, J.

Defendant Albert Allen Curtis appeals from a conviction of battery upon a peace officer, a felony. (Pen. Code, § 243.) He challenges both the construction and the constitutionality of Penal Code section 834a and the second sentence of Penal Code section 243, as applied to an allegedly unlawful arrest. We conclude that the proper construction of these sections requires a reversal of defendant's conviction.

Defendant was arrested on the night of...

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