PEOPLE v. BILLON

Docket No. 6894.

266 Cal.App.2d 537 (1968)

72 Cal. Rptr. 198

THE PEOPLE, Plaintiff and Respondent, v. EDWARD GARY BILLON, Defendant and Appellant.

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

October 16, 1968.


Attorney(s) appearing for the Case

John F. Shirley, under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, John T. Murphy and Eric Collins, Deputy Attorneys General, for Plaintiff and Respondents.


SALSMAN, J.

In this odd case, we reverse the judgment because there is no evidence to support an essential element of the offense charged. We decline to take judicial notice of the record of another case to fill gaps in the trial evidence on the ground that to do so would deny the defendant his right to trial by jury. We reject, however, defendant's contention that the statute which serves as the foundation for the charge against him is unconstitutional.

The...

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