Can an act or omission be punished under either the Criminal Code or the Penal Code?
California, United States of America
The following excerpt is from People v. Hays, 147 Cal.App.3d 534, 195 Cal.Rptr. 252 (Cal. App. 1983):
"An act or omission which is made punishable in different ways by different provisions of this code may be punished under either of such provisions, but in no case can it be punished under more than one; ..."
In People v. Bradford, 17 Cal.3d 8, 22, 130 Cal.Rptr. 129, 549 P.2d 1225, the defendant contended:
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