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PEOPLE v. SILVA

Docket No. 10219.

236 Cal.App.2d 453 (1965)

46 Cal. Rptr. 87

THE PEOPLE, Plaintiff and Respondent, v. JOHN MICHAEL SILVA, Defendant and Appellant.

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

August 11, 1965.

Attorney(s) appearing for the Case

Elinor Chandler Duncan for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Robert P. Samoian, Deputy Attorney General, for Plaintiff and Respondent.

FLEMING, J.

This case presents procedural problems in the consolidation, severance, and dismissal of criminal charges.

In Count I of a two-count information filed January 3, 1964, Silva was charged with forcible assault on Grace Baldwin on May 17, 1963. In Count II he was charged with the rape of Leona Hux on May 25, 1963.

Earlier, Silva had been charged with the same offenses in two separate informations. The two informations had been set for trial...

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