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PEOPLE v. EVANS

Docket No. Crim. 5308.

39 Cal.2d 242 (1952)

246 P.2d 636

THE PEOPLE, Respondent, v. JOHN W. EVANS, JR., Appellant.

Supreme Court of California. In Bank.

July 9, 1952.

Attorney(s) appearing for the Case

Popper & Burnstein, Fred B. Hart and Robert H. Kroninger for Appellant.

Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, and David K. Lener, Deputy Attorney General, for Respondent.

CARTER, J.

Defendant, John W. Evans, Jr., was convicted of a violation of section 288 of the Penal Code, and also of a violation of section 288a of the same code. The court granted a new trial on the 288a count, but denied defendant's motion for a new trial on the 288 violation. A third count, charging assault with a deadly weapon was dismissed prior to trial. Judgment was suspended and defendant was placed on probation...

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