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

The PEOPLE of the State of California, Plaintiff and Appellant, v. Bertha Lee BRACKEN, Defendant and Respondent.

Cr. 9260.

Decided: September 30, 1963

Roger Arnebergh, City Atty., Philip E. Grey, Asst. City Atty., William E. Doran, Nowland Hong and Charles Luke McKissack, Deputy City Attys., for appellant. Jones & Tollefson and Philip F. Jones, San Fernando, for respondent. A. L. Wirin and Fred Okrand, Los Angeles, amici curiae on behalf of respondent.

This case comes to us from the Appellate Department of the Los Angeles Superior Court. It is in the identical procedural posture as People v. Randazzo, Cal.App., 34 Cal.Rptr. 65, and involves the precise legal question decided in that case. Upon the grounds and for the reasons stated in Randazzo, the order and judgment from which the People have appealed are reversed.

FOX, Presiding Justice.

ASHBURN and HERNDON, JJ., concur. Hearing denied; PETERS and TOBRINER, JJ., dissenting.

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