Legal Opinion
People v. Plesniarski
California Court of Appeal
Decided December 17, 1971No. Crim. No. 6154PublishedCited by 1 opinion
1Opinion of the Court
*110Opinion
BRAY, J.*
The People appeal from a judgment of the Sacramento County Superior Court granting defendants’ motion to dismiss the indictment.
Question Presented
The court erred in granting the motion as defendants acted “under color of authority.”
Record
The Sacramento County Grand Jury indicted defendants in count one of the indictment with violation of section 149 of the Penal Code (assault by an officer under color of authority) and in count two with violation of section 245 of the Penal Code (assault with a deadly weapon). Defendants moved under section 995 for dismissal of the indictment.…
2Cases cited8 opinions
- United States v. ClassicSupreme Court of the United States · 1941
- Screws v. United StatesSupreme Court of the United States · 1945
- United States v. PriceSupreme Court of the United States · 1966
- Bompensiero v. Superior CourtCalifornia Supreme Court · 1955
- Johnson Ex Rel. Johnson v. HackettDistrict Court, E.D. Pennsylvania · 1968
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- O'TOOLE v. Superior CourtCalifornia Court of Appeal · 2006