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FUNK v. SUPERIOR COURT

Docket No. L.A. 25404.

52 Cal.2d 423 (1959)

340 P.2d 593

ERNEST M. FUNK, Petitioner, v. SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent.

Supreme Court of California. In Bank.

June 26, 1959.

Attorney(s) appearing for the Case

Low, Stone & Emery and Joseph Stone for Petitioner.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, William B. McKesson, District Attorney (Los Angeles), Jere J. Sullivan and Lewis Watnick, Deputy District Attorneys, for Respondent.

GIBSON, C.J.

Petitioner was accused of having performed abortions in violation of section 274 of the Penal Code. At the preliminary hearing two women upon whom abortions were allegedly performed and the brother of one of them testified for the prosecution. On cross-examination it was shown that these witnesses had previously given oral statements to police officers relating to the matters covered in their testimony, that...

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