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PEOPLE v. HOWELL

Docket No. 12167.

245 Cal.App.2d 787 (1966)

54 Cal. Rptr. 92

THE PEOPLE, Plaintiff and Appellant, v. LUTHER PERRY HOWELL, JR., Defendant and Respondent.

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

October 21, 1966.

Attorney(s) appearing for the Case

Evelle J. Younger, District Attorney, and Donald J. Kaplan, Deputy District Attorney, for Plaintiff and Appellant.

Morrie Matcha for Defendant and Respondent.

CHANTRY, J. pro tem.*

This is an appeal by the People from an order granting the motion of defendant to dismiss a misdemeanor complaint charging defendant with violation of section 23102, subdivision (a),1 Vehicle Code (driving under the influence of intoxicating liquor upon a highway) on the ground the offense was barred by the multiple prosecution prohibition of Penal Code section 654.

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