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PEOPLE v. GARDNER

Docket No. 5678.

147 Cal.App.2d 530 (1957)

305 P.2d 614

THE PEOPLE, Respondent, v. ALTON GORDON GARDNER, Appellant.

Court of Appeals of California, Second District, Division Three.

January 11, 1957.

Attorney(s) appearing for the Case

Simon & McKinsey, under appointment by the District Court of Appeal, and Harry J. Simon for Appellant.

Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, and Victor Griffith, Deputy Attorney General, for Respondent.

VALLÉE, J.

By information defendant was charged in seven counts with robbery. He was convicted by a jury of the offenses charged in Counts I, III, IV, and V, and acquitted of the other three. He appeals from the judgment and the order denying his motion for a new trial.

Count V

Gilbert Meischke was employed as a clerk in Benson's Liquor Store in Long Beach. About 1 a.m. on October 15, 1955, James Polk robbed him of $155. The first time...

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