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IN RE JAMES M.

Docket No. Crim. 16803.

9 Cal.3d 517 (1973)

510 P.2d 33

108 Cal. Rptr. 89

In re JAMES M., a Person Coming Under the Juvenile Court Law. KENNETH E. KIRKPATRICK, as Chief Probation Officer, etc., Plaintiff and Respondent, v. JAMES M., Defendant and Appellant.

Supreme Court of California. In Bank.

May 30, 1973.

Attorney(s) appearing for the Case

COUNSEL

Richard S. Buckley, Public Defender, John J. Gibbons, Sherman W. Smith, Jr., Laurance S. Smith and Martin Stein, Deputy Public Defenders, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, William E. James, Assistant Attorney General, Russell Iungerich and Daniel W. McGovern, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MOSK, J.

(1) We are called upon to determine whether "attempted assault" is a crime in the State of California. We conclude that it is not.

About 10:30 a.m. on the morning of December 7, 1971, Los Angeles Police Officer Sietz and his partner were conducting a field interview with two juveniles loitering in the area of a school. Across the street, some 35 feet away, a crowd of 75 to 100 other juveniles...

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