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PEOPLE v. MILLER

Docket Nos. 14317, 14318, 14565.

52 Cal.App.3d 666 (1975)

125 Cal. Rptr. 341

THE PEOPLE, Plaintiff and Appellant, v. NORMAN EUGENE MILLER, Defendant and Respondent. THE PEOPLE, Plaintiff and Appellant, v. VIRGIL HOY, Defendant and Respondent. THE PEOPLE, Plaintiff and Respondent, v. KENNETH GEORGE MUNROE, Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

October 31, 1975.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Clifford K. Thompson, Jr., and Charles R.B. Kirk, Deputy Attorneys General, for Plaintiff and Appellant and for Plaintiff and Respondent. Eitzen, Schaub & Diehl, Lawrence O. Eitzen, Mathews, Traverse & McKittrick and Bruce J. Cogan for Defendants and Respondents and for Defendant and Appellant.

Black & Ward and Michael J. Ward as Amici Curiae.

OPINION

DRAPER, P.J.

These three cases all arise from misdemeanor prosecutions for driving while under the influence of intoxicating liquor (Veh. Code, § 23102). All raise the question whether the recent decision of the Supreme Court (People v. Hitch, 12 Cal.3d 641 [117 Cal.Rptr. 9, 527 P.2d 361]) should...

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