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PEOPLE v. MORTON

Docket No. Crim. 5503.

41 Cal.2d 536 (1953)

261 P.2d 523

THE PEOPLE, Respondent, v. LEON CLIFTON MORTON, Appellant.

Supreme Court of California. In Bank.

September 25, 1953.

Attorney(s) appearing for the Case

George Nye, Public Defender, and Rudolf H. Michaels, Assistant Public Defender, for Appellant.

Edmund G. Brown, Attorney General, and David K. Lener, Deputy Attorney General, for Respondent.

TRAYNOR, J.

Defendant was convicted of three counts of burglary of the first degree and one count of attempted burglary of the first degree, for which he was sentenced to serve consecutive terms. He was also adjudged an habitual criminal under Penal Code, section 644(a). He appeals from that part of the judgment adjudging him an habitual criminal, and from the order denying his motion for a new trial on the issue of the alleged second prior conviction.

The...

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