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PEOPLE v. LAMMERS

Docket No. 841.

108 Cal.App.2d 279 (1951)

238 P.2d 667

THE PEOPLE, Respondent, v. JOSEPH JOHN LAMMERS, Appellant.

Court of Appeals of California, Fourth District.

December 18, 1951.

Attorney(s) appearing for the Case

Dorris, Fleharty & Phillips for Appellant.

Edmund G. Brown, Attorney General, and William E. James, Deputy Attorney General, for Respondent.

GRIFFIN, J.

Defendant was convicted by a jury of the crime of violating section 288 of the Penal Code in committing lewd and lascivious acts on the body of a female child 8 years of age, on April 21, 1950.

[1] The sole question involved in the instant appeal is whether the trial court was guilty of prejudicial misconduct in making certain statements to the foreman of the jury after the jury had deliberated about five hours and had returned to...

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