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PAIN v. MUNICIPAL COURT

Docket No. 25178.

268 Cal.App.2d 151 (1968)

73 Cal. Rptr. 862

DUNCAN PAIN, Plaintiff and Respondent, v. THE MUNICIPAL COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Defendant and Respondent; THE PEOPLE, Real Party in Interest and Appellant.

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

December 13, 1968.

Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, Robert R. Granucci and Clifford K. Thompson, Jr., Deputy Attorneys General, for Real Party in Interest and Appellant.

Paul N. Halvonik, Ephraim Margolin and Marshall W. Krause for Plaintiff and Respondent.

No appearance for Defendant and Respondent.

DRAPER, P.J.

Complaint filed in the municipal court alleged that Pain, respondent here and petitioner below, "did maintain and commit a public nuisance by unlawfully obstructing the free passage and use in the customary manner of a public street." The complaint charged violation of section 370 of the Penal Code. That section, however, merely defines a public nuisance. Sanction is provided by section 372, which provides for punishment as a misdemeanant of "[e]very...

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