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PEOPLE v. RUTKOWSKY

Docket No. 26931.

53 Cal.App.3d 1069 (1975)

126 Cal. Rptr. 104

THE PEOPLE, Plaintiff and Respondent, v. FRANK RUTKOWSKY, Defendant and Appellant.

Court of Appeals of California, Second District, Division Five.

December 23, 1975.

Attorney(s) appearing for the Case

COUNSEL

Jerome A. Kessler, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Howard J. Schwab and Jack T. Kerry, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

STEPHENS, J.

Defendant was convicted following a jury trial of first degree murder, a violation of Penal Code section 187. The use of a firearm within the meaning of Penal Code section 12022.5, as charged, was found to be true. Defendant was sentenced to the state prison.

The facts need not be detailed; suffice it to say that evidence supporting the conviction was, to say the least, substantial. Defendant and the victim...

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