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PEOPLE v. BABB

Docket No. 4599.

103 Cal.App.2d 326 (1951)

229 P.2d 843

THE PEOPLE, Respondent, v. EDWIN E. BABB, Appellant.

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

April 9, 1951.

Attorney(s) appearing for the Case

William W. Larsen for Appellant.

Edmund G. Brown, Attorney General, and Howard S. Goldin, Deputy Attorney General, for Respondent.

VALLEE, J.

Defendant was charged in one count with the infamous crime against nature. He was convicted by the court sitting without a jury of vagrancy as an offense necessarily included within the offense charged. He appeals from the judgment and the order denying his motion for a new trial.

Defendant's assignments of error are: (1) Subdivision 5 of section 647 of the Penal Code does not state an offense under...

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