How have courts interpreted section 5364 of the California Criminal Code?

California, United States of America


The following excerpt is from Henreid v. Superior Court, 130 Cal.Rptr. 892, 59 Cal.App.3d 552 (Cal. App. 1976):

In light of all the considerations mentioned, we must conclude that respondent court's interpretation of section 5364 is correct. This result does not necessarily turn upon the narrow question whether the language of the statute is plain or ambiguous. While it is generally true that ambiguity in a statute is a condition precedent to its interpretation, the 'literal meaning' of its words 'may be disregarded to avoid absurd results or to give effect to manifest purposes that, in light of the statute's legislative history, appear from its provisions considered as a whole.' (Silver v. brown (1966) 63 Cal.2d 841, 845--846, 48 Cal.Rptr. 609, 612, 409 P.2d 689, 692 and cases cited; Leffel v. Municipal Court, supra, 54 Cal.App.3d 569 at p. 572, 126 Cal.Rptr. 773.)

Other Questions


Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
How have courts interpreted section 654 of the California Criminal Code when a defendant is convicted of a sex offence under both sections of the S. 654(1) and (2) of the Criminal Code? (California, United States of America)
How has the court interpreted section 654 of the California Criminal Code, Section 654, subdivision (a) of the Criminal Code? (California, United States of America)
What is the effect of section 654 of the Criminal Code of Ontario's Criminal Code when a court finds that a conviction is subject to the provisions of Section 654, subdivision (a) of the Act of the Court of Justice? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
How has section 654 of the California Criminal Code been interpreted in the context of Section 654(1) of the Criminal Code? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.