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PEOPLE v. SCHULZE

Docket No. 6431.

169 Cal.App.2d 430 (1959)

337 P.2d 109

THE PEOPLE, Respondent, v. ARTHUR SCHULZE, Appellant.

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

April 7, 1959.

Attorney(s) appearing for the Case

Gladys Towles Root and Eugene V. McPherson for Appellant.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and David B. Allen, Deputy Attorney General, for Respondent.

ASHBURN, J.

Appellant Arthur Schulze and one Frank John Schutz (note the difference in spelling of surnames) were jointly tried and convicted of violation of section 288a, Penal Code. A police officer observed them engaged in the forbidden act and immediately arrested both. A jury was waived and the cause submitted upon the transcript of the preliminary hearing. At its conclusion the court ruled: "Find each defendant...

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