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PEOPLE v. STUART

Docket No. Crim. 5892.

47 Cal.2d 167 (1956)

302 P.2d 5

THE PEOPLE, Respondent, v. STEPHEN STUART, Appellant.

Supreme Court of California. In Bank.

October 11, 1956.

Attorney(s) appearing for the Case

John N. Frolich, William Levin and F. Bruce McMullen for Appellant.

Dean M. McCann as Amicus Curiae on behalf of Appellant.

Edmund G. Brown, Attorney General, and Edward M. Belasco, Deputy Attorney General, for Respondent.

TRAYNOR, J.

Defendant was charged by information with manslaughter (Pen. Code, § 192) and the violation of section 380 of the Penal Code. He was convicted of both offenses by the court sitting without a jury. His motions for a new trial and for dismissal (Pen. Code, § 1385) were denied, sentence was suspended, and he was placed on probation for two years. He appeals from the judgment of conviction and the order denying his motion for a new trial.

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