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PEOPLE v. JENKINS

Docket No. Crim. 21610.

28 Cal.3d 494 (1980)

620 P.2d 587

170 Cal. Rptr. 1

THE PEOPLE, Plaintiff and Appellant, v. MARGIE JENKINS, Defendant and Respondent.

Supreme Court of California.

December 15, 1980.

Attorney(s) appearing for the Case

COUNSEL

Evelle J. Younger and George Deukmejian, Attorneys General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Eddie T. Keller, Jana Tuton, James T. McNally and James Ching, Deputy Attorneys General, for Plaintiff and Appellant.

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, Richard E. Shapiro, Michael G. Arkelian, Julia Cline Newcomb and Stephen Berlin, Deputy State Public Defenders, for Defendant and Respondent.

John McDermott, Daniel S. Brunner and Marilyn Katz as Amici Curiae on behalf of Defendant and Respondent.

OPINION

BIRD, C.J.

This appeal presents the question whether an individual who fraudulently obtains aid to families with dependent children (AFDC) in violation of Welfare and Institutions Code section 11483 may also be prosecuted for perjury (Pen. Code, § 118).

I.

On April 10, 1975, respondent Margie Jenkins went to the Sacramento County Welfare Department to request AFDC benefits for her daughter. (See Welf...

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