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PEOPLE v. BUESE

Docket No. 3479.

220 Cal.App.2d 802 (1963)

34 Cal. Rptr. 102

THE PEOPLE, Plaintiff and Appellant, v. JUNE MENNIE BUESE, Defendant and Respondent.

Court of Appeals of California, Third District.

October 1, 1963.

Attorney(s) appearing for the Case

Stanley Mosk, Attorney General, Doris H. Maier, Assistant Attorney General, and Edsel W. Haws, Deputy Attorney General, for Plaintiff and Appellant.

James E. Kleaver, Public Defender, for Defendant and Respondent.

PIERCE, P.J.

[1a, 2a] This is an appeal by the People pursuant to subdivision 1 of Penal Code section 1238 from an order dismissing the information charging defendant June Mennie Buese with bringing a drug into the Siskiyou County jail without having authority to do so by the rules of the jail (in violation of Pen. Code § 4573.5).

The trial court ordered the dismissal, holding that said code section violated due process; this because the...

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