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NEVIN v. PEOPLE OF STATE OF CAL.

No. C-75-2318 WHO.

413 F.Supp. 1039 (1976)

Michael D. NEVIN, Petitioner, v. The PEOPLE OF the STATE OF CALIFORNIA, Respondent.

United States District Court, N. D. California.

March 12, 1976.

Attorney(s) appearing for the Case

Jerrold M. Ladar, San Francisco, Cal., for petitioner.

Joseph Freitas, Jr., Dist. Atty., Albert K. Murray, Asst. Dist. Atty., San Francisco, Cal., for respondent.

OPINION AND ORDER

ORRICK, District Judge.

On October 30, 1975, a criminal complaint was filed in state court against Michael D. Nevin alleging that he had violated Section 14403 of the California Elections Code by having illegally voted by absentee ballot in San Francisco, California, on October 29, 1974, for an election conducted on November 5, 1974. Section 14403 of the California Elections Code provides in pertinent part that a person "not entitled to...

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