Erlich

Erlich v. Municipal Court of Beverly Hills Judicial District

Good Law
11 Cal. Rptr. 758·1961 Cal. LEXIS 235·55 Cal. 2d 553·360 P.2d 334
Supreme Court of CaliforniaMarch 20, 1961L. A. No. 26023California1,398 words

Opinion

lead Opinion

Dooling, J.

— Petitioner was charged in the Municipal Court of Beverly Hills with a violation of section 383b of the Penal Code. He is seeking a writ of prohibition to prohibit that court from any further proceedings against him on that charge. The charging part of the complaint alleges that defendant “did willfully and unlawfully and with intent to defraud sell to the Beverly Hilton Hotel chicken breasts which were not kosher and not prepared under and from a product or products sanctioned by the Orthodox Hebrew Religious requirements, having falsely represented the same chickens to be kosher and to have been prepared under and from a product or products sanctioned by the Orthodox Hebrew Religious requirements in violation of Section 383b, Penal Code. ’ ’

The portions of Penal Code, section 383b, relevant to this proceeding read as follows: “Every person who with intent to defraud, sells or exposes for sale any meat or meat preparations, and falsely represents the same to be kosher, whether such meat or meat preparations be raw or prepared for human consumption, or as having been prepared under and from a product or products sanctioned by the orthodox Hebrew religious requirements ... is…

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