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PEOPLE v. SMITH

Docket No. 2710.

70 Cal.App.3d 306 (1977)

138 Cal. Rptr. 783

THE PEOPLE, Plaintiff and Respondent, v. EVERETT BARRY SMITH, Defendant and Appellant.

Court of Appeals of California, Fifth District.

May 31, 1977.

Attorney(s) appearing for the Case

COUNSEL

Daniel T. Dauenhauer, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, James T. McNally and Gregory W. Baugher, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GARGANO, J.

By information appellant was charged with murder in violation of section 187 of the Penal Code.1 Appellant stipulated to submit his case to the court for decision on the basis of the reporter's transcript of the preliminary hearing; he was found guilty of murder in the first degree. Appellant was sentenced to state prison for the term prescribed by law. His appeal raises three main...

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