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  5. 123 Cal.App.2d 945 (1953)
 

PEOPLE v. McGINNIS

Docket No. 2980.

123 Cal.App.2d 945 (1953)

267 P.2d 458

THE PEOPLE, Respondent, v. RALPH B. McGINNIS, Appellant.

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

November 23, 1953.

Attorney(s) appearing for the Case

John E. Glover for Appellant.

Ray L. Chesebro, City Attorney, Donald M. Redwine, Assistant City Attorney, and Dan J. Whiteside, Deputy City Attorney, for Respondent.

BISHOP, J.

The determination of this appeal depends upon the answer to this question: Was it error to admit evidence of the fact that, when arrested on the charge of driving a motor vehicle while under the influence of intoxicating liquor, the defendant declined to comply with the police officers' request that he submit himself to an intoximeter test? [1] We have concluded that it was not error, and that the judgment should be affirmed.

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