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PEOPLE v. PIERCE

Docket No. Crim. 10534.

66 Cal.2d 53 (1967)

423 P.2d 969

56 Cal. Rptr. 817

THE PEOPLE, Plaintiff and Appellant, v. CLARENCE L. PIERCE II, Defendant and Respondent.

Supreme Court of California. In Bank.

March 2, 1967.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, Evelle J. Younger, District Attorney, Harry Wood, Chief Deputy District Attorney, and Harry B. Sondheim, Deputy District Attorney, for Plaintiff and Appellant.

Erling J. Hovden, Public Defender, Marvin Schwartz and James L. McCormick, Deputy Public Defenders, for Defendant and Respondent.

MOSK, J.

Defendant, Clarence Pierce, was held to answer on an information charging him with two counts of perjury. His motion to set aside the information under section 995 of the Penal Code was granted by the superior court, and the People appeal from the ensuing dismissal.1

The charges of perjury arose from two allegations made by Pierce in a petition for a writ of habeas corpus. The...

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