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CITY OF SACRAMENTO v. MUNICIPAL COURT

Docket No. 17035.

83 Cal.App.3d 795 (1978)

148 Cal. Rptr. 114

CITY OF SACRAMENTO et al., Plaintiffs and Respondents, v. THE MUNICIPAL COURT FOR THE SACRAMENTO JUDICIAL DISTRICT OF SACRAMENTO COUNTY, Defendant and Respondent; ALEXANDRA POPE, Real Party in Interest and Appellant.

Court of Appeals of California, Third District.

August 14, 1978.

Attorney(s) appearing for the Case

COUNSEL

Paul N. Halvonik and Quin Denvir, State Public Defenders, Gary S. Goodpaster and Ezra Hendon, Chief Assistant State Public Defenders, Mark L. Christiansen and Richard G. Fathy, Deputy State Public Defenders, for Real Party in Interest and Appellant.

No appearance for Defendant and Respondent.

James P. Jackson, City Attorney, and Elizabeth Hassard Silver, Deputy City Attorney, for Plaintiffs and Respondents.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Robert D. Marshall and Vincent J. Scally, Jr., Deputy Attorneys General, and Dennis W. De Cuir, City Attorney (Roseville), as Amici Curiae on behalf of Plaintiffs and Respondents.

OPINION

REGAN, J.

On January 21, 1977, real party in interest (hereafter Pope) was arrested by Officers Aurich and Souza of the Sacramento City Police Department for wilfully resisting, delaying, or obstructing them in the performance of their duties, a violation of Penal Code section 148. Pope was subsequently charged in Sacramento Municipal Court with this misdemeanor.

For the purposes of asserting self-defense and for the...

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