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PEOPLE v. TOBIN

Docket No. 1109.

143 Cal.App.2d 1 (1956)

299 P.2d 353

THE PEOPLE, Respondent, v. LINCOLN TOBIN, Appellant.

Court of Appeals of California, Fourth District.

July 9, 1956.

Attorney(s) appearing for the Case

Edgar C. Keller, under appointment by the District Court of Appeal, for Appellant.

Edmund G. Brown, Attorney General, and Norman H. Sokolow, Deputy Attorney General, for Respondent.

BARNARD, P.J.

The defendant was charged with the murder of one Perry Peck on or about June 24, 1955, it being further charged that he was at the time armed with a deadly weapon, to wit, a meat cleaver. Shortly before the conclusion of the case the information was amended by striking out the words "a meat cleaver" and inserting the words "a knife having a blade longer than five inches." A jury found him guilty of murder in the second degree, and also

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