Bogart

People v. Bogart

Good Law
1970 Cal. App. LEXIS 2158·7 Cal. App. 3d 257·86 Cal. Rptr. 737
Court of Appeal of CaliforniaMay 5, 1970Crim. 13244California1,181 words

Opinion

Opinion

McMURRAY, J.

Peter Daniel Bogart, an attorney in this state, and his wife June Bogart were charged by indictment on February 27, 1964, with 40 counts of felony. After motions under section 995 of the Penal Code resulted in 16 counts being dismissed as to Peter Bogart and two counts being dismissed as to June Bogart, the People appealed from such orders, but proceeded to prosecute the remaining counts of the indictment.

Motion to place proceedings off calendar pending determination of the appeals from the orders dismissing the various counts was denied; Peter Bogart’s demurrer to the indictment was overruled and, after due arraignment of defendants with counsel, defendants pleaded, “not guilty” and “once in jeopardy.”

Peter Bogart sought and was denied a writ of prohibition. After trial by jury was waived by defendants and their counsel six counts were dismissed by the trial judge as to each of the defendants. The court trial resulted in conviction of Peter Bogart on six counts, three of grand theft violations of Penal Code section 487, subdivision 1 and three of forgery of fictitious name, violations of Penal Code section 470. June Bogart was found guilty of nine counts, four of…

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