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PEOPLE v. LEARY

Docket No. 23769.

40 Cal.App.3d 527 (1974)

115 Cal. Rptr. 85

THE PEOPLE, Plaintiff and Respondent, v. TIMOTHY FRANCIS LEARY, Defendant and Appellant.

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

July 5, 1974.

Attorney(s) appearing for the Case

COUNSEL

Belli, Ashe, Ellison & Choulos, Belli, Ashe & Choulos, Melvin M. Belli, Vasilios B. Choulos and Kent A. Russell 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 Kent L. Richland, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WOOD, P.J.

In an indictment defendant Leary was accused of violating section 4530, subdivision (b), of the Penal Code in that on September 12, 1970, he unlawfully escaped from a state prison (California Men's Colony) in the County of San Luis Obispo. Prior to entering his plea, he made a motion "to dismiss and set aside custody," on the ground that the trial court did not have jurisdiction to try him. The motion was denied...

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