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PEOPLE v. GIBSON

Docket No. 2209.

235 Cal.App.2d 667 (1965)

45 Cal. Rptr. 382

THE PEOPLE, Plaintiff and Appellant, v. WILLIAM THOMAS GIBSON, Defendant and Respondent.

Court of Appeals of California, Fourth District.

July 12, 1965.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, James Don Keller, District Attorney and Albert L. Wells, Deputy District Attorney, for Plaintiff and Appellant.

Conrad G. Walker, under appointment by the District Court of Appeal, for Defendant and Respondent.

BROWN (Gerald), P.J.

The People appeal from an order of the trial court granting defendant's motion for new trial. The jury found defendant and his wife guilty of grand theft of welfare monies (Pen. Code, § 487, subd. 1). The wife had illegally received Aid to Needy Children funds. The theory of the prosecution was that the defendant was an aider and abettor of his wife and was thus punishable as a principal under Penal Code, section 31. Specific intent is the...

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