California, United States of America
The following excerpt is from People v. Burnett, 71 Cal.App.4th 151, 83 Cal.Rptr.2d 629 (Cal. App. 1999):
In People v. Pitts, supra, 223 Cal.App.3d at pp. 903-908, 273 Cal.Rptr. 757, multiple defendants were charged with numerous sexual acts against a number of children. The Pitts court reversed convictions on some 47 counts as to which evidence of the specific act charged was not adduced at the preliminary hearing of the defendant charged. Pitts rejected the argument that "due process is satisfied as long as the preliminary hearing evidence shows five violations of a statute and the evidence at trial shows the same
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