Docket No. 4707.

267 Cal.App.2d 685 (1968)

73 Cal. Rptr. 666

THE PEOPLE, Plaintiff and Respondent, v. ROBERT E. FITE, JR., Defendant and Appellant.

Court of Appeals of California, Third District.

November 26, 1968.

Attorney(s) appearing for the Case

Miller, Ford & O'Neal and James T. Ford for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Edsel W. Haws and Roger E. Venturi, Deputy Attorneys General, for Plaintiff and Respondent.


Defendant was found guilty by a court, sitting without a jury, of violating section 23101 of the Vehicle Code, i.e., felony drunk driving. He appeals from the judgment of conviction.

At the trial the case was submitted upon the following stipulation of facts: On May 5, 1967, defendant drove a motor vehicle on a public highway. In so doing, defendant neglected a duty imposed upon him by law by failing...

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