PEOPLE v. RODRIGUEZ

Docket No. 4270.

222 Cal.App.2d 221 (1963)

34 Cal. Rptr. 907

THE PEOPLE, Plaintiff and Appellant, v. RAMON RODRIGUEZ, Defendant and Respondent.

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

November 13, 1963.


Attorney(s) appearing for the Case

Stanley Mosk, Attorney General, Albert W. Harris, Jr., and Michael J. Phelan, Deputy Attorneys General, for Plaintiff and Appellant.

Henry B. Fulton, under appointment by the District Court of Appeal, for Defendant and Respondent.


MOLINARI, J.

This is an appeal by the People from an order setting aside Counts I and II of an information charging defendant with violation of Penal Code section 4501.5,1 which at all times pertinent to this appeal provided as follows: "Every person undergoing a sentence of less than life in a state prison of this State who commits a battery upon the person of any individual who is not...

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