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PEOPLE v. ALLINGTON

Docket No. 2674.

103 Cal.App.2d Supp. 911 (1951)

229 P.2d 495

THE PEOPLE, Respondent, v. STEWART B. ALLINGTON, Appellant.

Court of Appeals of California, Appellate Department, Superior Court, Los Angeles.

March 30, 1951.

Attorney(s) appearing for the Case

Frederic H. Vercoe for Appellant.

Ray L. Chesebro, City Attorney, Donald M. Redwine, Assistant City Attorney, and Philip E. Grey, Deputy City Attorney, for Respondent.

BISHOP, J.

The ultimate question to be answered in this case was whether the defendant had been convicted of one or of two offenses. The answer to that question depended upon the answer to be given to a basic question: does section 647, Penal Code, create one, or a dozen or more, public offenses? We have concluded, not without some misgiving, that but one crime is created, and that the defendant should have but one sentence to serve, although he was convicted under...

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