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PEOPLE v. MOSS

Docket Nos. 26747, 27408.

55 Cal.App.3d 179 (1976)

127 Cal. Rptr. 454

THE PEOPLE, Plaintiff and Appellant, v. GARY LEE MOSS, Defendant and Respondent. THE PEOPLE, Plaintiff and Appellant, v. DENNIS LANCE GRANT, Defendant and Respondent.

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

February 10, 1976.

Attorney(s) appearing for the Case

COUNSEL

C. Stanley Trom, District Attorney, Richard N.W. Lambert, Deputy District Attorney, John E. Howard, Acting District Attorney, Harry B. Sondheim and Sterling S. Suga, Deputy District Attorneys, for Plaintiff and Appellant.

Kenneth M. High, Jr., under appointment by the Court of Appeal, Dean Pic'l and Nordman, Cormany, Hair & Compton for Defendants and Respondents.

OPINION

FILES, P.J.

We discuss here two unrelated cases which turn on the question whether the crime of attempting to receive stolen property (Pen. Code, §§ 664 and 496) may be committed if the property involved has not been stolen. In each case the superior court dismissed before trial, and the People appealed. (1) We are of the opinion that the decisional law of California has established that an antecedent...

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