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PEOPLE v. CONELY

Docket No. 25800.

48 Cal.App.3d 805 (1975)

123 Cal. Rptr. 252

THE PEOPLE, Plaintiff and Appellant, v. OTIS G. CONELY, Defendant and Respondent.

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

May 13, 1975.

Attorney(s) appearing for the Case

COUNSEL

Joseph P. Busch, District Attorney, Harry B. Sondheim, Donald J. Kaplan and Daniel L. Bershin, Deputy District Attorneys, for Plaintiff and Appellant.

Richard S. Buckley, Public Defender, Harold E. Shabo, Norman Koploff and H. Reed Webb, Deputy Public Defenders, for Defendant and Respondent.

OPINION

COMPTON, J.

Defendant was charged in an information in count I with the crime of murder, in count II with forcible rape and in count III with burglary. The superior court granted defendant's motion pursuant to Penal Code section 995 and ordered count I of the information set aside. The People appeal.

FACTS

On March 28, 1974, at about 1 a.m., defendant in company...

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