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PEOPLE v. VALENTI

Docket No. Crim. 6062.

49 Cal.2d 199 (1957)

316 P.2d 633

THE PEOPLE, Appellant, v. JOE JOHN VALENTI, Respondent.

Supreme Court of California. In Bank.

October 29, 1957.

Attorney(s) appearing for the Case

Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, and John S. McInerny, Deputy Attorney General, for Appellant.

Henry Mariani, A.F. De Marco and E.M. De Mattei, for Respondent.

SCHAUER, J.

The People noticed this appeal from an order of the superior court, made in the midst of a criminal trial by jury, "dismissing... [the] Information on the grounds of illegality of the arrest of the defendant." The order was not based upon any defect in the information or the proceedings which resulted in the filing of the information; rather, it was based upon the mistaken view that the prosecution should not continue because of the stated "illegality...

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