PEOPLE v. MONTALBANO

Docket No. 3192.

146 Cal.App.2d 624 (1956)

304 P.2d 36

THE PEOPLE, Respondent, v. JOSEPH MONTALBANO, Appellant.

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

December 5, 1956.


Attorney(s) appearing for the Case

Joseph Montalbano, in pro. per., and Donald R. Church, under appointment by the District Court of Appeal, for Appellant.

Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, Raymond M. Momboisse, Deputy Attorney General, J. Frank Coakley, District Attorney (Alameda), and Edward Merrill, Deputy District Attorney, for Respondent.


DOOLING, Acting P.J.

Defendant was convicted of burglary of the first degree and, by reason of two prior convictions of burglary, was adjudged an habitual criminal. He appeals from the judgment of conviction and from an order denying his motion for new trial.

Appellant raises no question of the sufficiency of the evidence to support his conviction of burglary. He complains only: (1) that the court erred in instructing the jury that if they should find appellant...

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