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PEOPLE v. SCHRIEBER

Docket No. 7831.

45 Cal.App.3d 917 (1975)

119 Cal. Rptr. 812

THE PEOPLE, Plaintiff and Respondent, v. MARVIN LYLE SCHRIEBER, Defendant and Appellant.

Court of Appeals of California, Third District.

March 11, 1975.

Attorney(s) appearing for the Case

COUNSEL

Richard J. Asbill for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Eddie T. Keller and Peter J. McBrien, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

THOMPSON, J.*

Defendant herein was convicted by a jury in the Redding Justice Court of driving while under the influence of intoxicating liquor (Veh. Code, § 23102, subd. (a)). He appealed to the superior court which reversed the conviction. In its memorandum opinion, the court expressed the opinion that section 23126 of the Vehicle Code is unconstitutional and the instruction given the jury...

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