PEOPLE v. GARDNER

Docket No. 2302.

108 Cal.App.2d 245 (1951)

238 P.2d 649

THE PEOPLE, Respondent, v. DON GARDNER, Appellant.

Court of Appeals of California, Third District.

December 17, 1951.


Attorney(s) appearing for the Case

L.G. Hitchcock for Appellant.

Edmund G. Brown, Attorney General, Doris H. Maier and Wallace G. Colthurst, Deputy Attorneys General, for Respondent.


PEEK, J.

Appellant and one Burke were charged jointly with violation of section 459 of the Penal Code. Following their pleas of not guilty the matter proceeded to trial before a jury which returned a verdict finding defendants guilty of burglary in the first degree. Gardner's application for probation was denied and he was thereupon sentenced for the term prescribed by law. He alone now appeals, contending (1) that the judgment is not supported by the evidence, (2...

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