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PEOPLE v. McGEE

Docket No. Crim. 19381.

19 Cal.3d 948 (1977)

568 P.2d 382

140 Cal. Rptr. 657

THE PEOPLE, Plaintiff and Respondent, v. EVELYN McGEE et al., Defendants and Appellants.

Supreme Court of California.

September 19, 1977.

Attorney(s) appearing for the Case

COUNSEL

Paul Bell, under appointment by the Supreme Court, Appellate Defenders, Inc., under appointment by the Court of Appeal, and Theodore E. Davis for Defendants and Appellants.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Karl J. Phaler, Patricia D. Benke, and Beatrice W. Kemp, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

TOBRINER, J.

Section 11483 of the Welfare and Institutions Code, which prescribes criminal penalties for those who fraudulently obtain welfare benefits under the Aid to Families with Dependent Children (AFDC) program, incorporates by reference a statutory requirement that "restitution shall be sought ... prior to the bringing of a criminal action."1 Earlier this year, in In re Sands (1977...

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