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PEOPLE v. SIMMONS

Docket No. 13127.

123 Cal.App.3d 677 (1981)

177 Cal. Rptr. 17

THE PEOPLE, Plaintiff and Appellant, v. WILBERT HARDGE SIMMONS, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

September 18, 1981.

Attorney(s) appearing for the Case

COUNSEL

Edwin L. Miller, Jr., District Attorney, Peter C. Lehman, Peter Quon and Henry R. Mann, Deputy District Attorneys, for Plaintiff and Appellant.

Frank V. Puglia for Defendant and Respondent.

OPINION

WORK, J.

The People appeal the section 995, Penal Code, dismissal of an arson charge on the grounds of insufficiency of evidence after the superior court ruled certain extrajudicial hearsay statements of an amnesiac witness qualified neither as past recollection recorded (Evid. Code, § 1237)1 nor as prior inconsistent statements (§ 1235...

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