PEOPLE v. WILKES

Docket No. Crim. 5713.

44 Cal.2d 679 (1955)

284 P.2d 481

THE PEOPLE, Respondent, v. OSCAR LEON WILKES et al., Appellants.

Supreme Court of California. In Bank.

June 10, 1955.


Attorney(s) appearing for the Case

Carl B. Shapiro for Appellants.

Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, Raymond M. Momboisse, Deputy Attorney General, W.O. Weissich, District Attorney (Marin), and Roger P. Garety, Chief Criminal Deputy District Attorney, for Respondent.


SCHAUER, J.

Defendants appeal from judgments of conviction of burglary of the second degree, pursuant to jury verdicts, and from an order denying their motion for new trial. We have concluded that defendants were deprived of their right to have the evidence fairly appraised by the jury because of improper comment of the prosecuting attorney, the effect of which was made more serious by comment of the trial judge, as to the failure of the wife of defendant Wilkes to...

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