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PEOPLE v. CLARK

Docket No. 13052.

256 Cal.App.2d 6 (1967)

63 Cal. Rptr. 622

THE PEOPLE, Plaintiff and Appellant, v. CHRISTOPHER B. CLARK et al., Defendants and Respondents.

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

November 15, 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 and Donald J. Kaplan, Deputy District Attorneys, for Plaintiff and Appellant.

Gordon P. Levy, Rose, Klein & Marias, Barry I. Goldman and Carl Burkow for Defendants and Respondents.

ROTH, P.J.

Respondents were each charged by information with one count of violating Penal Code, section 459 (burglary). Their motion to set aside the information under Penal Code, section 995 was granted. The People appeal from the order granting the motion. (Pen. Code, § 1238, subd. 1).

On August 4, 1966 between 9:30 and 10 p.m., Dean Hummer, the manager of a Harley-Davidson motorcycle shop in Van Nuys locked the premises and left. At approximately 3...

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