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PEOPLE v. McCORMICK

Docket Nos. 2686, 2695

102 Cal.App.2d 954 (1951)

THE PEOPLE, Appellant, v. MRS. LA RUE McCORMICK, Respondent. THE PEOPLE, Appellant, v. HENRY STEINBERG, Respondent.

Court of Appeals of California, Appellate Department, Superior Court, Los Angeles.

February 27, 1951.

Attorney(s) appearing for the Case

W.E. Simpson, District Attorney, Jere J. Sullivan and Ralph F. Bagley, Deputy District Attorneys, for Appellant.

Harold W. Kennedy, County Counsel, Gerald G. Kelly, Assistant County Counsel, Robert L. Trapp and Arvo Van Alstyne, Deputy County Counsel, as Amici Curiae on behalf of Appellant.

Margolis & McTernan for Respondents.

A.L. Wirin, Fred Okrand, Edmund W. Cooke, Ibanez & Snider, Frank Pestana, Robert W. Kenny, Edward Mosk, George Altman, Charles J. Katz, Herbert Ganahl, Eleanor Jackson and Richard L. Rykoff, as Amici Curiae on behalf of Respondents.

BISHOP, J.

The proceedings in each of these cases ran the same course. Each defendant was charged with having failed to register as a member of a communist organization, as required by county ordinance number 5578. A demurrer was filed to each complaint and sustained on the ground that the provisions of the ordinance, alleged to have been disobeyed, were without force because of constitutional restrictions. From the judgment of dismissal that followed in each case...

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