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PEOPLE v. GRAY

Docket No. 13513.

254 Cal.App.2d 256 (1967)

63 Cal. Rptr. 211

THE PEOPLE, Plaintiff and Respondent, v. FLEMING DANIEL GRAY, JR., et al., Defendants and Appellants.

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

September 11, 1967.

Attorney(s) appearing for the Case

David A. Binder and Meyer S. Levitt for Defendants and Appellants.

A.L. Wirin, Fred Okrand and Laurence R. Sperber as Amici Curiae on behalf of Defendants and Appellants.

Roger Arnebergh, City Attorney, Philip E. Grey, Assistant City Attorney, Richard G. Kolostian and Irwin S. Evans, Deputy City Attorneys, for Plaintiff and Respondent.

KAUS, P.J.

This appeal involves certain problems that arise when a defendant to a criminal charge claims that the prosecution against him is the result of discriminatory enforcement of the law and therefore a denial of equal protection. (Yick Wo v. Hopkins, 118 U.S. 356 [30 L.Ed. 220, 6 S.Ct. 1064].)

Both defendants were convicted of violating section 38.03 of the...

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