PEOPLE v. McKIBBEN

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District Court of Appeal, Second District, Division 2, California.

PEOPLE v. McKIBBEN et al.

Cr. 3211

Decided: May 11, 1939

Morris Lavine, of Los Angeles, for appellant. Earl Warren, Atty. Gen., for the People.

This case comes before us on the motion of the attorney general to dismiss the appeal under section 1253 of the Penal Code on the ground that no appearance has been made herein by the defendant. Due notice of the hearing on this date has been given. The motion is good.

Appeal dismissed.

PER CURIAM.