Opinion

People v. Jenkins

  • 28 Cal. 3d 494
  • 170 Cal. Rptr. 1
  • 620 P.2d 587
  • 1980 Cal. LEXIS 232
Court
California Supreme Court
Filed
Dec 15, 1980
Status
Published
Author
Richardson
On the bench
Bird, Richardson
Cited by
114 cases

stating that the general/specific statute rule applies “[i]f it appears from the entire context that a violation of the ‘special’ statute will necessarily or commonly result in a violation of the ‘general’ statute”

How later courts described this case

  • stating that the general/specific statute rule applies “[i]f it appears from the entire context that a violation of the ‘special’ statute will necessarily or commonly result in a violation of the ‘general’ statute”
  • stating that a strict elements test is “incomplete” for determining whether the general/specifie statute rule applies

Written by the judges who cited it.

The opinion

RICHARDSON, J.

I concur in the judgment and in the majority’s holding that “there is overwhelming evidence that by incorporating sec *510 tion 118 into the AFDC program via sections 11054 and 11265, the Legislature intended to permit prosecutions for AFDC fraud to proceed either under section 11483 or section 118.” (Ante, p. 509.)

In view of the clear legislative intent to allow a perjury prosecution here, it is unnecessary to discuss application of the rule of construction that “specific statutes preclude a prosecution for a general crime...” {ibid.), and I do not join in the majority’s extended treatment of that issue.

Clark, J., concurred.

Respondent’s petition for a rehearing was denied January 14, 1981.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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