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PEOPLE v. JORDAN

Docket Nos. 9064, 9065.

226 Cal.App.2d 7 (1964)

37 Cal. Rptr. 738

THE PEOPLE, Plaintiff and Respondent, v. PATRICK EDWARD JORDAN, Defendant and Appellant. (Two Cases.)

Court of Appeals of California, Second District, Division Two.

March 24, 1964.

Attorney(s) appearing for the Case

William C. Fundenberg, Jr., under appointment by the District Court of Appeal, for Defendant and Appellant.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and Elizabeth Miller, Deputy Attorney General, for Plaintiff and Respondent.

ROTH, J.

Appellant pleaded not guilty to the violation of Penal Code, section 274 (abortion), performed upon Delores Abalos. The case was submitted to the trial court on the preliminary hearing transcript; each side reserving the right to present additional evidence. After each side had argued, the prosecution moved to reopen for additional testimony. Appellant moved for a mistrial and the motion was granted.

Upon retrial the information was amended to charge...

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