PEOPLE v. SULLIVAN (1943)

District Court of Appeal, Fourth District, California.

PEOPLE v. SULLIVAN.

Cr. 480.

Decided: September 23, 1943

Robert W. Kenney, Atty. Gen., T. G. Negrich, Deputy Atty. Gen., Thomas Whelan, Dist. Atty., of San Diego, and F. H. Nottbusch, Deputy Dist. Atty., of Chula Vista, for appellant. C. Lew Byers, of Los Angeles, for respondent.

This is an appeal from a judgment and order dismissing an information charging defendant in two counts with violating the provisions of subdivision 3 of section 337a of the Penal Code.

The information was dismissed on the ground that this subdivision of section 337a of the Penal Code was unconstitutional because it, in connection with the Horse Racing Act, Stats.1933, Ch. 769, p. 2046; Sec. 25a, Art. IV, Const., violated the provisions of the Fourteenth Amendment to the Constitution of the United States and Article One of the State Constitution.

The identical issues were presented and decided in People v. Sullivan, 141 P.2d 230, which furnish us the authority for our ruling here. There is no need of repeating the arguments used and the authorities cited in that case.

For the reasons and upon the authorities there set forth the judgment and order are reversed.

MARKS, Justice.

GRIFFIN, Acting P. J., concurs.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network