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41 Cal. 2d 57

People v. Gallardo

California Supreme Court

Decided May 15, 1953

California Supreme Court · decided 1953-05-15

Relies on People v. Buffum · 25 Cal. 2d 341 - People v. Wilson · People v. Clapp

Good law ✅— No negative treatment on recordhow we know

Decided 1953-05-15

How this case has been cited

Cited by 263 later decisions — most recently July 1994 · most notably 47 Cal. 2d 566 - People v. Riser (1956), 50 Cal. 2d 245 - People v. Lyons (1958)

255 state decisions

142019531960197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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SCIIAUER, J.,

¶1Concurring and Dissenting. — I concur in the judgment of this court insofar as it (1) dismisses the *69appeals from the sentences and (2) reverses the judgments and the order denying a new trial on the counts charging attempt to commit abortion.

¶2I dissent from that portion of the judgment which affirms the judgments and the order denying a new trial on the twelve counts charging abortion and the count charging conspiracy to commit abortion.

¶3I disagree with all those portions of the discussion in the majority opinion relative to the definition of accomplices and the competency of the testimony of persons who in fact, and under general provisions of law, appear to be, but are held not to be, accomplices. See People v. Clapp (1944), 24 Cal.2d 835, 840-847 [151 P.2d 237] ; People v. Wilson (1944), 25 Cal.2d 341, 351-352 [153 P.2d 720] ; People v. Lima (1944), 25 Cal.2d 573, 579 [154 P.2d 698]; People v. Harper (1945), 25 Cal.2d 862, 877 [156 P.2d 249] ; People v. Wallin (1948), 32 Cal.2d 803, 808 [197 P.2d 734] ; People v. Buffum (1953), 40 Cal.2d 709, 728-730 [256 P.2d 317],

¶4I furthermore do not agree with the discussion or the conclusion of the majority relative to the sufficiency of the evidence to support the judgments of conviction on any of the several counts on which the judgments of conviction are affirmed.

Carter, J., concurred.
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