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PEOPLE v. PERREAULT

Docket No. 4374.

182 Cal.App.2d Supp. 843 (1960)

5 Cal. Rptr. 849

THE PEOPLE, Appellant, v. MARY HELEN PERREAULT, Respondent.

Court of Appeals of California, Appellate Department, Superior Court, Los Angeles.

June 10, 1960.

Attorney(s) appearing for the Case

Roger Arnebergh, City Attorney, Philip E. Grey, Assistant City Attorney, and William E. Doran, Deputy City Attorney, for Appellant.

Leonard Horwin and Hortense Stahl for Respondent.

SWAIN, P.J.

[1] The defendant was charged with violating that part of Penal Code, section 273g, which provides: "Any person who ... is habitually drunk in the presence of any child in his care, custody or control, is guilty of a misdemeanor." Prior to the introduction of evidence, defendant moved to dismiss the action on the ground that said section violates the due process requirements of the Constitutions of the United States and of California in that...

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