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PEOPLE v. SCHWAB

Docket No. 5330.

136 Cal.App.2d 280 (1955)

288 P.2d 627

THE PEOPLE, Respondent, v. PHILIP D. SCHWAB, Appellant.

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

October 17, 1955.

Attorney(s) appearing for the Case

Morris Lavine for Appellant.

Edmund G. Brown, Attorney General, and Elizabeth Miller, Deputy Attorney General, for Respondent.

MOORE, P.J.

Pursuant to a verdict, appellant was convicted of burglary in the first degree and of assault with a deadly weapon with intent to commit murder. He seeks a reversal of the judgment which sentenced him to prison for two consecutive terms and from the order denying his motion for a new trial on the grounds that (1) the evidence is insufficient to sustain the judgments as to either count and (2) errors in giving and refusing instructions.

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