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  5. 164 Cal.App.2d 571 (1958)
 

PEOPLE v. THOMAS

Docket No. 1187.

164 Cal.App.2d 571 (1958)

331 P.2d 82

THE PEOPLE, Respondent, v. ZACK THOMAS, JR., Appellant.

Court of Appeals of California, Fourth District.

October 27, 1958.

Attorney(s) appearing for the Case

Simmons & Simmons for Appellant.

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

COUGHLIN, J. pro tem.*

The defendant was charged with the violation of section 261 of the Penal Code, i.e., attempt to commit rape; was tried by a jury and found guilty; a motion for a new trial was made and denied; judgment of imprisonment in the state prison ensued; and he takes this appeal from the judgment and "from the denial of the motion for new trial."

On the night of June...

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