PEOPLE v. SALAZAR

Docket No. 14099.

266 Cal.App.2d 113 (1968)

71 Cal. Rptr. 894

THE PEOPLE, Plaintiff and Appellant, v. ANTHONY SALAZAR, Defendant and Respondent.

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

September 26, 1968.


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 Robert J. Lord, Deputy District Attorneys, for Plaintiff and Appellant.

Richard S. Buckley, Public Defender, and James L. McCormick, Deputy Public Defender, for Defendant and Respondent.


FORD, P.J.

This is an appeal by the People from an order dismissing an information upon the ground that before the filing thereof the defendant had not been legally committed by a magistrate. (Pen. Code, § 995.)

The person who signed the complaint as the "declarant and complainant" did not do so under oath but, in lieu of so doing, above his signature he made the following statement: "I declare under penalty of perjury that the foregoing is true and correct...

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