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PEOPLE v. ERKINGER

Docket No. 5028.

119 Cal.App.2d 551 (1953)

259 P.2d 492

THE PEOPLE, Respondent, v. EDWARD ERKINGER, Appellant.

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

August 6, 1953.

Attorney(s) appearing for the Case

Nathan H. Snyder and Abraham Gorenfeld for Appellant.

Edmund G. Brown, Attorney General, and Alan R. Woodard, Deputy Attorney General, for Respondent.

MOORE, P.J.

Wearing a sport shirt and carrying his coat over his arm, appellant entered the balcony of a theater on Hollywood Boulevard in Los Angeles about 9 o'clock in the evening. It was the last day of August, 1952. As he entered from the west side of the upper balcony, he glanced up and then looked to the lower floor. Starting across the main aisle dividing the two sections of the balcony, he looked about and proceeded toward the back where he occupied the ninth...

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