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PEOPLE v. BANKS

Docket No. Crim. 6488.

53 Cal.2d 370 (1959)

348 P.2d 102

1 Cal. Rptr. 669

THE PEOPLE, Respondent, v. RICHARD BANKS, Appellant.

Supreme Court of California. In Bank.

December 31, 1959.

Attorney(s) appearing for the Case

Edgar G. Langford and J. Perry Langford for Appellant.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and Ernest E. Sanchez, Deputy Attorney General, for Respondent.

SCHAUER, J.

Defendant appeals from an order (entered September 29, 1958) denying his motion to set aside a judgment of conviction (pronounced September 3, 1958) of "Possession of a Firearm Capable of Being Concealed Upon the Person by One Previously Convicted of a Felony, in violation of Section 12021, Penal Code," and to withdraw his plea of guilty. Defendant's motion was upon the ground that he is not one previously convicted of felony within the meaning of section...

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