[DOWNLOAD] "People V. Muniz" by Second Appellate District, Division Five Court of Appeal of California * eBook PDF Kindle ePub Free

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eBook details

• Title: People V. Muniz
• Author : Second Appellate District, Division Five Court of Appeal of California
• Release Date : January 18, 1970
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

In case number A-230383 defendant was charged in count I with illegal possession of a machine gun (Pen. Code, § 12220) -- of which charge he was acquitted -- and in counts II and III with batteries on the persons of two peace officers, Frank C. Farey and Thomas C. Kelley (Pen. Code, §§ 241, 243). The information charged and the jury found to be true that each officer was, at the time of the commission of the batteries, engaged in the performance of his duties and that defendant reasonably should have known this. Consequently the provision of section 243 of the Penal Code which then raised a battery on a police officer under such circumstances from a misdemeanor to a felony carrying a maximum punishment of 10 years in prison, came into play. Defendant was, however, granted probation subject to a six month's term in the county jail. At the same time he was found in violation of probation imposed in another case, number A-218307. Probation in that case was modified, but somewhat extended and conditioned on an additional term of six months in the county jail, to be served concurrently with the county jail term imposed in case number A-230383.

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