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PEOPLE v. EMERY

Docket No. 4403.

99 Cal.App.2d 173 (1950)

221 P.2d 223

THE PEOPLE, Respondent, v. THEODORE EMERY et al., Defendants; DR. SAMUEL D. COLLINS, Appellant.

Court of Appeals of California, Second District, Division One.

August 22, 1950.

Attorney(s) appearing for the Case

Frederic H. Vercoe for Appellant.

Fred N. Howser, Attorney General, and Dan Kaufmann, Deputy Attorney General, for Respondent.

DRAPEAU, J.

In 1946 defendant was tried by court and jury, and convicted of abortion. He admitted a prior conviction of the same offense. Motion for new trial was made and denied, and he was sentenced to state's prison for the term prescribed by law. The judgment and order were affirmed by this court. (People v. Emery, 79 Cal.App.2d 226 [179 P.2d 843].)

In January, 1949, defendant petitioned the...

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