PEOPLE v. MIMS

Docket No. 3145.

136 Cal.App.2d 828 (1955)

289 P.2d 539

THE PEOPLE, Appellant, v. HIRAM MIMS, Respondent.

Court of Appeals of California, First District, Division Two.

November 9, 1955.


Attorney(s) appearing for the Case

Edmund G. Brown, Attorney General, Clarence A. Linn, Chief Assistant Attorney General, and Raymond M. Momboisse, Deputy Attorney General, for Appellant.

Edward T. Mancuso, Public Defender, and Abraham M. Dresow, Chief Deputy Public Defender, for Respondent.


DOOLING, J.

The People appeal from an order of the Superior Court granting respondent's motion to set aside an information charging him with a violation of Penal Code, section 666 (petty theft after a previous conviction of petty theft). The motion was made and granted on the ground that respondent had been once in jeopardy.

Respondent was charged with petty theft (Pen. Code, § 488) in the municipal court. He pleaded guilty on January 20, 1955; his plea...

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