PEOPLE v. COOK

Docket No. 5411.

136 Cal.App.2d 442 (1955)

288 P.2d 602

THE PEOPLE, Respondent, v. ERVIN WASHINGTON COOK, Appellant.

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

October 21, 1955.


Attorney(s) appearing for the Case

Gray, Glass & Allen for Appellant.

Edmund G. Brown, Attorney General, and Joan D. Gross, Deputy Attorney General, for Respondent.


MOORE, P.J.

Having been duly convicted on two counts of violating section 288 of the Penal Code, a felony, the accused has appealed on the grounds of (1) the insufficiency of the evidence; (2) the jurors were not convinced beyond a reasonable doubt; (3) there was a material variance as to the time of the criminal acts; (4) appellant was deprived of due process of law; and (5) the sole witness to the alleged acts was not competent to testify and the oath administered...

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