Finn v. Superior Court

Opinion

CROSBY, J.

This writ proceeding to test the superior court’s refusal to dismiss an information presents a classic illustration of the legal axiom that a specific statute prevails over a general one, the so called “Swarm-Gilbert” or “Williamson” rule in the law of crimes of California.

I

Norman Finn is a mobilehome dealer. Phyllis Wingett listed her furnished mobilehome at the Saltón Sea with him. The listing agreement provided Wingett was to net $10,000, and Finn was to retain any excess as his commission.

Finn found a buyer who paid $13,500 for the mobilehome unfurnished. He told Wingett…