Legal Opinion

People v. Harris

California Court of Appeal

Decided March 25, 1985No. A022241PublishedCited by 23 opinions

1Opinion of the Court

Opinion

POCHÉ, J.*

The sole issue on this appeal by the People from an order setting aside the information against defendants Leonard Harris and Gloria *1251A. Malandaras is whether Penal Code section 872, subdivision (b)1, is unconstitutional on its face. We conclude that the statute can survive this challenge and that the order must accordingly be reversed.

I

The sole witness at the preliminary examination conducted on March 10, 1983,2 was Timothy Carey, who testified in effect that on January 21st he observed defendants break a window of a parked automobile and remove two boxes therefrom. At the…

2Cases cited94 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. In Re WINSHIPSupreme Court of the United States · 1970
  3. Johnson v. ZerbstSupreme Court of the United States · 1938
  4. Davis v. AlaskaSupreme Court of the United States · 1974
  5. Ohio v. RobertsSupreme Court of the United States · 1980

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3Cited by23 opinions

  1. Whitman v. Superior CourtCalifornia Supreme Court · 1991
  2. People v. SeniorCalifornia Court of Appeal · 1995
  3. Sheriff v. WitzenburgNevada Supreme Court · 2006
  4. In Re Marriage of SillerCalifornia Court of Appeal · 1986
  5. Mills v. Superior CourtCalifornia Supreme Court · 1986

18 more not listed; retrieve them via the Exa API.

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