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PEOPLE v. FAIR

Docket No. 13590.

254 Cal.App.2d 890 (1967)

62 Cal. Rptr. 632

THE PEOPLE, Plaintiff and Appellant, v. JAMES EDWARD FAIR, Defendant and Respondent.

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

October 3, 1967.

Attorney(s) appearing for the Case

James T. Starr, City Prosecutor, and Alfred Dovbish, Deputy City Prosecutor, for Plaintiff and Appellant.

Erling J. Hovden and Richard S. Buckley, Public Defenders, Floyd W. Davis, Burton H. Barnett, and James L. McCormick, Deputy Public Defenders, for Defendant and Respondent.

McCOY, J. pro tem.*

This case is before us on certification from the Appellate Department of the Superior Court for Los Angeles County pursuant to rule 63, California Rules of Court.

Section 367d of the Penal Code, enacted in 1911, reads: "Any person operating or driving an automobile, motor cycle or other motor vehicle who becomes or is intoxicated while so engaged in operating or driving such automobile, motor cycle or other...

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