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PEOPLE v. MARSHALL

Docket No. Crim. 6002.

48 Cal.2d 394 (1957)

309 P.2d 456

THE PEOPLE, Respondent, v. CLYDE ROBERT MARSHALL, Appellant.

Supreme Court of California. In Bank.

April 19, 1957.

Attorney(s) appearing for the Case

Robert W. Herrick for Appellant.

Edmund G. Brown, Attorney General, and Arthur L. Martin, Deputy Attorney General, for Respondent.

Roy A. Gustafson, District Attorney (Ventura), as Amicus Curiae.

SCHAUER, J.

Defendant pleaded not guilty to a charge alleged in the information in the following terms: "Robbery, in violation of section 211, Penal Code, ... committed as follows: That [defendant] ... did willfully, unlawfully, feloniously and forcibly take from the person and immediate presence of Jack J. Martens ... Seventy Dollars ... and an automobile ..." Jury trial was waived. After trial, the court found defendant guilty of "Violation of 503 Vehicle Code,...

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