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PEOPLE v. SWANN

Docket No. 8551.

213 Cal.App.2d 447 (1963)

28 Cal. Rptr. 830

THE PEOPLE, Plaintiff and Appellant, v. JAMES RICHARD SWANN, Defendant and Respondent.

Court of Appeals of California, Second District, Division Four.

February 27, 1963.

Attorney(s) appearing for the Case

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, William B. McKesson, District Attorney, Harry Wood and Harry B. Sondheim, Deputy District Attorneys, for Plaintiff and Appellant.

MacFarlane, Schaefer & Haun and E.J. Caldecott as Amici Curiae on behalf of Plaintiff and Appellant.

Ellery E. Cuff, Public Defender, Kathryn J. McDonald and James L. McCormick, Deputy Public Defenders, for Defendant and Respondent.

BURKE, P.J.

This is an appeal by the People from the order granting defendant's motion under section 995 of the Penal Code to set aside the information.

Defendant was charged by information with two counts of forgery in violation of Penal Code section 470, a felony. The charges arose out of defendant's alleged use of an oil company credit card on two occasions without the knowledge or permission of the party to whom the credit card had been issued.

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