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  5. 128 Cal.App.2d 118 (1954)
 

PEOPLE v. RASCON

Docket No. 3000.

128 Cal.App.2d 118 (1954)

274 P.2d 899

THE PEOPLE, Respondent, v. ROBERT RASCON, Appellant.

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

October 18, 1954.

Attorney(s) appearing for the Case

L. Thomas Hehir, Jr., under appointment by District Court of Appeal, for Appellant.

Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, and Charles E. McClung, Deputy Attorney General, for Respondent.

NOURSE, P.J.

Defendant Robert Rascon was charged with the crime of burglary and with a prior felony conviction, which he admitted. He was tried before a jury and convicted of burglary in the first degree. He appeals from the judgment and from the order denying his motion for a new trial. (The notice of appeal states an appeal from the order denying his motion for a new trial, as well as from the judgment, but there is no record of any such motion made or denied, and...

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