People v. Mintz

MARKS, J., Concurring and Dissenting.

We concur and dissent.

We concur in the foregoing opinion in sustaining the judgment of conviction of Tetta Stromberg, and in the conclusion reached that the judgment of conviction of all appellants under the second count of the information cannot be sustained.

We dissent from the order reversing their convictions under this count without directing the trial court to grant their motion for new trial.

This prosecution was instituted under section 403a of the Penal Code which provides as follows:

“Any person who displays a red flag, banner or badge or any flag,…