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PEOPLE v. HOWELL

Docket No. 1002.

126 Cal.App.2d 780 (1954)

273 P.2d 79

THE PEOPLE, Respondent, v. JOHN HAROLD HOWELL, Appellant.

Court of Appeals of California, Fourth District.

July 28, 1954.

Attorney(s) appearing for the Case

Walter E. Hempstead for Appellant.

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

MUSSELL, J.

Defendant was charged with burglary in violation of section 459 of the Penal Code in that on or about the 9th day of July, 1953, he entered the residence of one Linda Starr Utley, in El Centro, with intent to commit theft. A jury trial was had and a verdict of guilty returned, in which the jury found the degree to be burglary in the second degree. Motions for a new trial and in arrest of judgment were filed, heard and denied, and defendant was sentenced...

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