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PEOPLE v. MAHER

Docket No. Crim. 19216.

17 Cal.3d 196 (1976)

550 P.2d 1044

130 Cal. Rptr. 508

THE PEOPLE, Plaintiff and Appellant, v. RICHARD THOMAS MAHER, Defendant and Respondent.

Supreme Court of California.

June 21, 1976.

Attorney(s) appearing for the Case

COUNSEL

Joseph P. Busch and John K. Van de Kamp, District Attorneys, Harry B. Sondheim and Jay J. Becker, Deputy District Attorneys, for Plaintiff and Appellant.

Richard S. Buckley, Public Defender, Harold E. Shabo, Robert J. Levy and Martin Stein, Deputy Public Defenders, for Defendant and Respondent.

OPINION

MOSK, J.

At noontime on August 13, 1973, Officer Shirah of the Los Angeles Police Department observed defendant alternately staggering along a downtown street and leaning against buildings for support. Noting defendant's bloodshot eyes and the odor of alcohol, the officer concluded that defendant was inebriated and arrested him for the misdemeanor offense of public intoxication. (Pen. Code, § 647, subd. (f).) Officer...

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