Agnello

People v. Agnello

Good Law
1968 Cal. App. LEXIS 2021·259 Cal. App. 2d 785·66 Cal. Rptr. 571
Court of Appeal of CaliforniaMarch 4, 1968Crim. 14417California1,757 words

Opinion

Opinion

McCOY, J.

March 1967 the People filed a complaint in the Municipal Court for the Los Angeles Judicial District, charging defendant in count I with a violation of section 415 of the Penal Code (disturbing the peace), and in count II with a violation of section 602.7 of the Penal Code. Both offenses were allegedly committed on March 10, 1967. Defendant demurred to count II of the complaint on the ground that section 602.7 of the Penal Code is unconstitutional. The court sustained the demurrer and dismissed count II of the complaint. The People appealed from the judgment of dismissal.

The appellate department of the superior court reversed the judgment and remanded the cause for further proceedings, and thereupon certified the appeal to this court pursuant to rufe'':63 ;ofv.the:.-fíaU£Qrhia-_ Rules' .of. Court.- .We .accepted the transfer 'morder to settle an important question of law.- - ■

■ We have- concluded' that- section -602:7 of the Penal Code is constitutional for the reasons stated in the opinion prepared for the appellate department by Judge Aiso, in which Judges Meyer and Whyte concurred. We adopt the following portions of 'that opinion as our own, omitting only those portions…

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