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PEOPLE v. UPSHAW

Docket No. Crim. 17682.

13 Cal.3d 29 (1974)

528 P.2d 756

117 Cal. Rptr. 668

THE PEOPLE, Plaintiff and Appellant, v. JOE DAVID UPSHAW, Defendant and Respondent.

Supreme Court of California. In Bank.

December 5, 1974.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, William E. James, Assistant Attorney General, Roger E. Venturi and W. Scott Thorpe, Deputy Attorneys General, for Plaintiff and Appellant.

Raul A. Ramirez, under appointment by the Supreme Court, for Defendant and Respondent.

OPINION

MOSK, J.

The Attorney General appeals from an order dismissing a prosecution for the sale of heroin (former Health & Saf. Code, § 11501; now § 11352) on the ground the defendant had been once in jeopardy. (Cal. Const., art. I, § 15; Pen. Code, § 1016, subd. 5.) He contends the court properly accepted defendant's voluntary and intelligent waiver of a jury trial despite defense counsel's objection to...

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