Legal Opinion
People v. Malcolm
California Court of Appeal
Decided April 15, 1975No. Crim. 7767PublishedCited by 19 opinions
1Opinion of the Court
Opinion
REGAN, J.
By an information filed on October 10, 1973, the defendant Malcolm was accused of violating Penal Code section 459, burglary of a locked automobile. Upon a Penal Code section 995 defense motion, the trial court granted a dismissal of the charge on the basis the car was not locked at the time of the alleged offense. (See Pen. Code, § 1385.) The People appeal from the dismissal.
On June 30, 1973, at approximately 9:30 a.m., Arthur Armstrong drove with some friends to a spot on the Cache Creek in Yolo County, parked his car near the creek and locked all the doors of his Volkswagen…
2Cases cited9 opinions
- Keeler v. Superior CourtCalifornia Supreme Court · 1970
- Downing v. Municipal CourtCalifornia Court of Appeal · 1948
- People v. CrenshawCalifornia Court of Appeal · 1946
- People v. MassieCalifornia Court of Appeal · 1966
- People v. ToomesCalifornia Court of Appeal · 1957
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3Cited by19 opinions
- United States v. Gregory Lee ChatmanCourt of Appeals for the Ninth Circuit · 1989
- People v. GuthrieCalifornia Court of Appeal · 1983
- People v. MorelandCalifornia Court of Appeal · 1978
- People v. KronckeCalifornia Court of Appeal · 1999
- People v. StepneyCalifornia Court of Appeal · 1981
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