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PEOPLE v. McALISTER

Docket No. 7915.

54 Cal.App.3d 918 (1976)

126 Cal. Rptr. 881

THE PEOPLE, Plaintiff and Appellant, v. BRUCE DAVID McALISTER, Defendant and Respondent.

Court of Appeals of California, Third District.

January 27, 1976.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Joel Carey, Eddie T. Keller and Carole Bartlett Hogan, Deputy Attorneys General, for Plaintiff and Appellant.

Bell & Sandberg, Bell & Eubanks and Thomas W. Bell, Jr., for Defendant and Respondent.

OPINION

PARAS, J.

Pursuant to section 1238 of the Penal Code, the People appeal from an order of the Sacramento County Superior Court setting aside four counts of a five-count grand jury indictment on the alternative grounds that either (1) the district attorney failed to inform the grand jury of alibi witnesses whose statements tended to negate the charges against the defendant, or (2) if these witnesses were brought to the attention...

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