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PEOPLE v. MICKELSON

Docket No. Crim. 7295.

59 Cal.2d 448 (1963)

380 P.2d 658

30 Cal. Rptr. 18

THE PEOPLE, Plaintiff and Appellant, v. CURTIS RAY MICKELSON, Defendant and Respondent.

Supreme Court of California. In Bank.

April 18, 1963.

Attorney(s) appearing for the Case

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, William B. McKesson, District Attorney, Harry Wood and Harry Sondheim, Deputy District Attorneys, for Plaintiff and Appellant.

Gladys Towles Root, Eugene V. McPherson and Philip C. Greenwald for Defendant and Respondent.

TRAYNOR, J.

Defendant was charged in two counts of an information with committing burglaries of telephone booths, in violation of Penal Code, section 459. His motion to set aside the information was granted (Pen. Code, § 995), and the People appeal. The Attorney General concedes that there was no evidence at the preliminary hearing to support count I and seeks a reversal only as to count II.

A Burbank police officer discovered the physical evidence supporting...

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