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PEOPLE v. MAGGIORA

Docket No. 5111.

207 Cal.App.2d 908 (1962)

24 Cal. Rptr. 630

THE PEOPLE, Plaintiff and Appellant, v. IRENE ARIADNE MAGGIORA, Defendant and Respondent.

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

August 31, 1962.

Attorney(s) appearing for the Case

William B. McKesson, District Attorney, and Harry Wood, Deputy District Attorney, for Plaintiff and Appellant.

Kenneth Foley for Defendant and Respondent.

Before Swain, P.J., and Smith, J.

THE COURT.

This is an appeal by the People. There is no dispute regarding the facts. The trial court dismissed the complaint for the sole reason that the complaint was not signed and filed by the arresting officer but by the Assistant Chief of Police of South Gate.

The complaint charged a violation of section 23102, subdivision (a), Vehicle Code (driving while under the influence of intoxicating liquor). Section 40302, Vehicle Code, provides that for this...

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