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PEOPLE v. MILLER

Docket No. Crim. 15749.

7 Cal.3d 219 (1972)

496 P.2d 1228

101 Cal. Rptr. 860

THE PEOPLE, Plaintiff and Respondent, v. ROBERT POWELL MILLER, Defendant and Appellant.

Supreme Court of California. In Bank.

May 19, 1972.

Attorney(s) appearing for the Case

COUNSEL

Jerry M. Ackeret, under appointment by the Supreme Court, and Ackeret & Colteaux for Defendant and Appellant.

Evelle J. Younger, Attorney General, Robert R. Granucci and Sanford Svetcov, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

TOBRINER, J.

While driving in South San Francisco in the early hours of December 14, 1969, Robert Miller ran out of gas and brought his car to a stop in an abandoned private parking lot. Believing that no help would be available until dawn, he bedded down in the front seat to await an opportunity for assistance. At 3 in the morning a sergeant of the local police observed Miller's...

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