PEOPLE v. POTTER

Docket No. 2139.

240 Cal.App.2d 621 (1966)

49 Cal. Rptr. 892

THE PEOPLE, Plaintiff and Respondent, v. JAMES J. POTTER et al., Defendants and Appellants.

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

March 7, 1966.


Attorney(s) appearing for the Case

Heinly, Hewett, Rickles & Heinly and William A. Dougherty for Defendants and Appellants.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and James H. Kline, Deputy Attorney General, for Plaintiff and Respondent.


KERRIGAN, J.

The record discloses that on April 17, 1964, an information was filed in the Orange County Superior Court charging the two defendants in three counts of violation of Penal Code, section 640 (wiretapping), and in the fourth count of violation of Penal Code, section 182 (conspiracy).

A jury trial ensued and during the trial Count III (wiretapping) was dismissed. The jury could not agree as to Count I (wiretapping) but returned a verdict finding...

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