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PEOPLE v. NEWSOME

Docket No. 20912.

136 Cal.App.3d 992 (1982)

186 Cal. Rptr. 676

THE PEOPLE, Plaintiff and Appellant, v. ALDON RAY NEWSOME, Defendant and Respondent.

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

October 26, 1982.

Attorney(s) appearing for the Case

COUNSEL

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, William D. Stein and Charles R.B. Kirk, Deputy Attorneys General, for Plaintiff and Appellant.

Allen Ruby and Morgan, Ruby, Teter, Schofield, Franich, Bouchier & Fredkin for Defendant and Respondent.

OPINION

POCHE, J.

An information charged Aldon Ray Newsome (defendant) with rape (Pen. Code, § 261, subds. (2) & (3)),1 kidnaping (§ 207) and forcible oral copulation (§ 288a, subd. (d)). He pleaded not guilty. Trial by jury resulted in a deadlock. Newsome thereafter moved to dismiss the charges for failure of the prosecution to preserve a semen sample. The trial court granted the motion...

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