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241 Cal. App. 2d 46

People v. Sylvester

California Court of Appeal

Decided March 22, 1966

California Court of Appeal · decided 1966-03-22

Cited by 1 later decisions — most recently December 1966

1 state decisions

Relies on People v. Stewart · 63 Cal. 2d 386 - People v. Cotter

Good law ✅— No negative treatment on recordhow we know

Decided 1966-03-22

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FLEMING, J.

¶1I concur in the judgment, but do not agree with the majority’s conclusion that Sylvester’s statements at the time of his arrest were inadmissible evidence because the accusatory stage had already been reached. In my view, the case at the time was still in the investigatory phase, as defined in People v. Cotter, 63 Cal.2d 386, 393-398 [46 Cal.Rptr. 622, 405 P.2d 862], and People v. Stewart, 62 Cal.2d 571 [43 Cal.Rptr. 201, 400 P.2d 97], and the police were not foreclosed from free communication with the suspect.

¶2A petition for a rehearing was denied April 5, 1966.

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