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The PEOPLE, Plaintiff and Respondent, v. Robert Rex PETTEGREW, Defendant and Appellant.
Defendant, a licensed physician, was charged by information with three counts of violating Penal Code section 274 (Abortion). The case was submitted on the record of the preliminary examination and certain stipulations on the first count only. Defendant appeals from the judgment (order granting probation) following conviction by the court sitting without a jury.
For the reasons stated in People v. Barksdale, Cal., 105 Cal.Rptr. 1, 503 P.2d 257, the judgment (order granting probation) is reversed with directions to the trial court to dismiss the information.
For the reasons stated in my dissenting and concurring opinion in People v. Barksdale, Cal., 105 Cal.Rptr. 1, 15, 503 P.2d 257, 271, I would affirm the judgment.
WRIGHT, Chief Justice.
PETERS, TOBRINER, and MOSK, JJ., concur.
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Docket No: Cr. 15841.
Decided: November 22, 1972
Court: Supreme Court of California,In Bank.
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