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IN RE GUTIERREZ

Docket No. 2492.

122 Cal.App.2d 661 (1954)

265 P.2d 16

In re JOSE GUTIERREZ, on Habeas Corpus.

Court of Appeals of California, Third District.

January 19, 1954.

Attorney(s) appearing for the Case

Edmund G. Brown, Attorney General, and Doris H. Maier, Deputy Attorney General, for Appellant.

Cooney & Littlejohn for Respondent.

VAN DYKE, P.J.

Respondent, Jose Gutierrez, successfully petitioned the Superior Court in Colusa County for a writ of habeas corpus. The People appeal from the order of the trial court discharging him from the custody under which he was being held. The record shows that a complaint was filed against respondent containing two counts, by one of which he was charged with disturbing the peace. (Pen. Code, § 415.) The other count charged him with battery. (Pen. Code...

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