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PEOPLE v. HART

Docket No. 2644.

98 Cal.App.2d 514 (1950)

220 P.2d 595

THE PEOPLE, Respondent, v. FRED B. HART, Appellant.

Court of Appeals of California, First District, Division Two.

July 21, 1950.

Attorney(s) appearing for the Case

Fred B. Hart, in pro. per., Leo A. Sullivan and Myron Harris for Appellant.

Fred N. Howser, Attorney General, David K. Lener, Deputy Attorney General, J.F. Coakley, District Attorney, and Folger Emerson, Deputy District Attorney, for Respondent.

DOOLING, J.

Defendant was convicted of the crime denounced by section 288a Penal Code committed upon the person of one M. Defendant appeals from the order of the court denying his motion for new trial. While many points are urged on the appeal we confine our consideration to only one of them which in our judgment is controlling.

M was a sailor under treatment at a Naval Hospital for a broken leg. His leg was...

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