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KELLY v. MUNICIPAL COURT OF CITY AND COUNTY OF SAN FRANCISCO

Docket No. 18048.

160 Cal.App.2d 38 (1958)

324 P.2d 990

RALPH T. KELLY, Petitioner, v. MUNICIPAL COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent.

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

May 2, 1958.

Attorney(s) appearing for the Case

Kenneth C. Zwerin for Petitioner.

Albert M. Bendich, as Amicus Curiae on behalf of Petitioner.

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

WOOD (Fred B.), J.

QUESTION: Does the respondent court have jurisdiction to proceed with the trial of petitioner upon a complaint that charges a violation of section 290 of the Penal Code (failure to report a change of address) despite the fact that prior to this alleged failure the conviction (violation of Pen. Code, § 288a) upon which the section 290 charge is based was set aside and petitioner "released from...

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