Edwards

People v. Edwards

Good Law
150 Cal. Rptr. 86·1978 Cal. App. LEXIS 2068·86 Cal. App. 3d 260
Court of Appeal of CaliforniaAugust 30, 1978Crim. No. 31658California950 words

Opinion

Lead Opinion

Files, J.

This is the People’s appeal from an order dismissing an information upon defendant’s motion made under Penal Code section 995 upon the ground that defendant had been committed without probable cause.

The information accused defendant of “the crime of grand theft, in violation of Section 487, Subdivision 1, Penal Code of California, a felony, committed as follows: That the said Sandra Faith Edwards between August 24, 1973 and September 2, 1973, inclusive, at and in the *262 County of Los Angeles, State of California, did willfully, unlawfully and feloneously take the property of another of a value exceeding Two Hundred Dollars ($200.00).”

The evidence received at the preliminary examination showed that on five occasions from August 25, 1973, through August 30, 1973, defendant had procured automobile repairs from a single repair shop, for which charges aggregating $228.61 were made upon a bank credit card in defendant’s name, which she had presented to the repair shop. Defendant was aware that her privilege to use the card had been cancelled by the issuing bank.

The transcript also shows that defendant had used the same card for charges aggregating $143.94 at a hotel,…

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