California Court of Appeal April 7, 1959, Crim. 6431 (People v. Schulze)

ASHBURN, J.

Appellant Arthur Schulze and one Prank John Schütz (note the difference in spelling of surnames) were jointly tried and convicted of violation of section 288a, Penal

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Code. A police officer observed them engaged in the forbidden act and immediately arrested both. A jury was waived and the cause submitted upon the transcript of the preliminary hearing.