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DAVIS v. MUNICIPAL COURT FOR SOUTHERN JUDICIAL DIST.

Docket No. 23132.

243 Cal.App.2d 55 (1966)

52 Cal. Rptr. 189

JOHN C. DAVIS, Plaintiff and Appellant, v. MUNICIPAL COURT FOR THE SOUTHERN JUDICIAL DISTRICT OF SAN MATEO COUNTY, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Respondent.

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

June 22, 1966.

Attorney(s) appearing for the Case

Ralph A. Sullivan for Plaintiff and Appellant.

No appearance for Defendant and Respondent.

Thomas C. Lynch, Attorney General, Edward P. O'Brien and James B. Cuneo, Deputy Attorneys General, for Real Party in Interest and Respondent.

SHOEMAKER, P.J.

On October 15, 1964, defendant John Davis was charged by criminal complaint with having committed seven violations of Penal Code, section 146c, and seven violations of Business and Professions Code, section 17500.

On November 18, 1964, defendant demurred to the complaint on the ground that none of the facts therein alleged constituted a public offense for the reason that both statutes which defendant...

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