PEOPLE v. OLAGUE

Docket No. 11667.

31 Cal.App.3d 5 (1973)

106 Cal. Rptr. 612

THE PEOPLE, Plaintiff and Appellant, v. PHILLIP OLAGUE, Defendant and Respondent.

Court of Appeals of California, Appellate Department, Superior Court, Los Angeles.

February 21, 1973.


Attorney(s) appearing for the Case

COUNSEL

Joseph P. Busch, District Attorney, Harry Wood and Daniel L. Lieberman, Deputy District Attorneys, for Plaintiff and Appellant.

Richard S. Buckley, Public Defender, James L. McCormick, Floyd W. Davis and Lawrence E. Biegel, Deputy Public Defenders, for Defendant and Respondent.


OPINION

HOLMES, J.

The orders of the municipal court sustaining respondent's demurrer and dismissing the action raise only the question of whether the challenged statute is unconstitutional on its face. We address ourselves to that question only.

Section 270 of the Penal Code has been before the appellate courts many times. It is held to have important public objectives for the...

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