PEOPLE v. BALDWIN

Docket No. 5437.

37 Cal.App.3d 385 (1974)

112 Cal. Rptr. 290

THE PEOPLE, Plaintiff and Appellant, v. PHILIP WINSOR BALDWIN et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

February 20, 1974.


Attorney(s) appearing for the Case

COUNSEL

Edwin L. Miller, District Attorney, Terry J. Knoepp and Peter J. Longanbach, Deputy District Attorneys, for Plaintiff and Appellant.

Ruffin & Whalen and Roger S. Ruffin for Defendants and Respondents.

A.L. Wirin, Fred Okrand, John D. O'Loughlin and Jill Jakes as Amici Curiae on behalf of Defendants and Respondents.


OPINION

WHELAN, Acting P.J.

The People have appealed from the dismissal of an action charging a violation of Penal Code section 288a after the sustaining of a demurrer to the information, without leave to amend, upon the ground that the facts stated do not constitute a public offense.

The act with which defendants were charged occurred in a public restroom at 3:40 a.m. within the view of a San Diego police officer in plain...

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