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PEOPLE v. MELGARD

Docket No. 3639.

174 Cal.App.2d 733 (1959)

345 P.2d 87

THE PEOPLE, Respondent, v. RODNEY JOHN NORMAN MELGARD, Appellant.

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

October 26, 1959.

Attorney(s) appearing for the Case

Erwin C. Nielsen, under appointment by the District Court of Appeal, for Appellant.

Stanley Mosk, Attorney General, Clarence A. Linn, Assistant Attorney General, and Peter T. Kennedy, Deputy Attorney General, for Respondent.

WOOD (Fred B.), J.

The sole question upon this appeal is whether or not defendant's conviction of statutory rape (Pen. Code, § 261, subd. 1)1 and of lewd and lascivious conduct with a child under 14 years of age (Pen. Code, § 288)1 constitutes double punishment for the same act, proscribed by section 654 of the Penal Code.

It all happened in defendant's car, into which he had forcibly taken...

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