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PEOPLE v. UPCHURCH

Docket No. 16909.

76 Cal.App.3d 721 (1978)

143 Cal. Rptr. 113

THE PEOPLE, Plaintiff and Appellant, v. WILLIAM HENRY UPCHURCH, Defendant and Respondent.

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

January 11, 1978.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Robert R. Granucci and Michael Buzzell, Deputy Attorneys General, for Plaintiff and Appellant.

No appearance for Defendant and Respondent.

OPINION

CHRISTIAN, J.

The People have appealed from an order rendered pursuant to Penal Code section 995 by which the superior court set aside an information charging respondent William Henry Upchurch with destruction of prison property (Pen. Code, § 4600) and conspiracy to destroy prison property (Pen. Code, § 182). We affirm the order.

At the preliminary hearing the prosecution presented evidence that respondent...

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