PEOPLE v. LOVELY

Docket No. 18470.

16 Cal.App.3d 196 (1971)

93 Cal. Rptr. 805

THE PEOPLE, Plaintiff and Respondent, v. FRANK L. LOVELY, Defendant and Appellant.

Court of Appeals of California, Second District, District Four.

March 23, 1971.


Attorney(s) appearing for the Case

COUNSEL

Cornelia Shuford, under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch and Evelle J. Younger, Attorneys General, William E. James, Assistant Attorney General, and Russell Iungerich, Deputy Attorney General, for Plaintiff and Respondent.


OPINION

JEFFERSON, J.

Defendant was charged with assault with a deadly weapon, in violation of section 245 of the Penal Code. On January 20, 1970, a jury trial commenced. At the close of the trial, during the jury's deliberation, the jury at its request was returned to the jury box for the reading of one witness' testimony and for the re-reading of jury instructions. The jury was then retired for further deliberation. On January 23...

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