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PEOPLE v. BOOTH

Docket No. 4730.

111 Cal.App.2d 106 (1952)

243 P.2d 872

THE PEOPLE, Respondent, v. ARTHUR W. BOOTH, Appellant.

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

May 14, 1952.

Attorney(s) appearing for the Case

Horace H. Appel for Appellant.

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

SHINN, P.J.

Appellant Booth was convicted by a jury of violation of section 288, Penal Code. He moved for a new trial, which was denied, and he was placed on probation for seven years. He appeals from the order denying his motion for a new trial, claiming error in the instructions.

The court gave an instruction reading: "Every person who wilfully and lewdly commits any lewd or lascivious act upon or with the...

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