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PEOPLE v. EARNEST

Docket No. 7614.

46 Cal.App.3d 792 (1975)

120 Cal. Rptr. 485

THE PEOPLE, Plaintiff and Appellant, v. JOHNNY RAY EARNEST, Defendant and Respondent.

Court of Appeals of California, Third District.

April 2, 1975.

Attorney(s) appearing for the Case

COUNSEL

C. Robert Jameson, District Attorney, for Plaintiff and Appellant.

Harry A. Ackley, under appointment by the Court of Appeal, for Defendant and Respondent.

OPINION

JANES, J.

Defendant was charged by indictment with the murder of Ruben Enrique Munoz and with arson. The superior court denied defendant's motion to set aside the indictment as to the arson count but granted the motion as to the murder count.1 The People appeal from the order granting defendant's motion to dismiss the murder charge.

SUMMARY OF THE EVIDENCE

The transcript of the...

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