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PEOPLE v. PIERCE

Docket No. Crim. 8152.

61 Cal.2d 879 (1964)

395 P.2d 893

40 Cal. Rptr. 845

THE PEOPLE, Plaintiff and Appellant, v. ED PIERCE et al., Defendants and Respondents.

Supreme Court of California. In Bank.

October 29, 1964.

Attorney(s) appearing for the Case

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

Russell E. Parsons for Defendants and Respondents.

TRAYNOR, C.J.

The People appeal from an order of the trial court dismissing count 1 of an information charging defendants, husband and wife, with conspiracy (Pen. Code, § 182, subds. 1 and 4) to violate Corporations Code section 26104, subdivision (a), and to commit grand theft (Pen. Code, § 487, subd. 1).1

It has been the rule in this state since 1889 (People v. Miller...

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