Legal Opinion · Dissent

Cohen v. Municipal Court

California Court of Appeal

Decided May 10, 1967No. Civ. 29558Published

1Dissent

*871KINGSLEY, J.—I dissent.

I concur wholeheartedly with everything in the majority opinion except for one matter; unfortunately that partial disagreement necessitates, in my judgment, a reversal of the action of the trial court.

My dissent is directed to the holding that the complaint need not identify even the class or kind of “material" with which defendant is alleged to have dealt. Section 311 subdivision (a) is a part of Chapter 7.5 of the Penal Code, added by Chapter 2147 of the 1961 Statutes. The first section of that chapter, section 311, provides a set of definitions of the terms used in…

2Cases cited2 opinions

  1. People v. TomlinsonCalifornia Supreme Court · 1868
  2. People v. GoodspeedCalifornia Court of Appeal · 1948

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