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PEOPLE v. DEWBERRY

Docket No. 23434.

40 Cal.App.3d 175 (1974)

114 Cal. Rptr. 815

THE PEOPLE, Plaintiff and Appellant, v. GEORGE TIMOTHY DEWBERRY, Defendant and Respondent.

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

June 26, 1974.

Attorney(s) appearing for the Case

COUNSEL

Joseph P. Busch, District Attorney, Harry B. Sondheim and Daniel L. Bershin, Deputy District Attorneys, for Plaintiff and Appellant.

Richard S. Buckley, Public Defender, Harold E. Shabo, Irwin Pransky and Ronald B. Davey, Deputy Public Defenders, for Defendant and Respondent.

OPINION

HASTINGS, J.

The defendant, George Dewberry, was charged with burglary (Pen. Code, § 459.) Dewberry's motion to suppress the in-court identification of Gordon Stevenson, a witness, was granted on the basis that certain photographs shown to Stevenson by the police were unavailable for trial, and the cause was dismissed pursuant to section 1385 of the Penal Code. The People...

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