PEOPLE v. DIAMOND

Docket No. 681.

2 Cal.App.3d 860 (1969)

83 Cal. Rptr. 11

THE PEOPLE, Plaintiff and Respondent, v. FRANK DIAMOND et al., Defendants and Appellants.

Court of Appeals of California, Fifth District.

December 18, 1969.


Attorney(s) appearing for the Case

COUNSEL

Melvin W. Nitz, Public Defender, for Defendants and Appellants.

Thomas C. Lynch, Attorney General, Nelson P. Kempsky and Joel S. Primes, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

GARGANO, J.

Defendants, all young Negroes, were arrested five days after the assassination of Dr. Martin Luther King and charged with possession of a combustible substance in violation of subdivision (a) of section 452 of the Penal Code. This section provides in pertinent part: "Every person who possesses any flammable, explosive or combustible material or substance, or any device in an arrangement or preparation with intent...

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