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PEOPLE v. ROBERTS

Docket No. 21293.

26 Cal.App.3d 385 (1972)

103 Cal. Rptr. 25

THE PEOPLE, Plaintiff and Appellant, v. ELBERT EUGENE ROBERTS, Defendant and Respondent.

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

June 26, 1972.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Herbert L. Ashby, Chief Assistant Attorney General, William E. James, Assistant Attorney General, Joseph P. Busch, District Attorney, Harry Wood and Thomas J. Barnett, Deputy District Attorneys, for Plaintiff and Appellant.

Earl J. McDowell for Defendant and Respondent.

OPINION

SCHWEITZER, Acting P.J.

Defendant was charged in five counts with having aided and abetted five children, ages 8 to 13 years of age, to commit violations of Penal Code section 288 with themselves and with one another. The People appeal from an order setting aside counts I and II of the information. (Pen. Code, § 995.)

In granting the motion to dismiss these two counts...

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