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PEOPLE v. WILBURN

Docket No. Crim. 6161.

49 Cal.2d 714 (1958)

321 P.2d 452

THE PEOPLE, Respondent, v. ELMER WILBURN et al., Defendants; OSWALD R. ATKINSON, Appellant.

Supreme Court of California. In Bank.

February 14, 1958.

Attorney(s) appearing for the Case

Morris Lavine, under appointment by the Supreme Court, and Nathan Kline for Appellant.

Ellery E. Cuff, Public Defender (Los Angeles), Erling J. Hovden, Chief Deputy Public Defender, and Richard B. Goethals, Deputy Public Defender, as Amici Curiae on behalf of Appellant.

Edmund G. Brown, Attorney General, and Miles J. Rubin, Deputy Attorney General, for Respondent.

CARTER, J.

Defendants Wilburn and Atkinson were charged in four counts: Count 1, murder of Walter James and counts 2, 3 and 4, armed robbery; it was charged also that they were armed with revolvers during the commission of the crimes. They pleaded not guilty to all counts but later pleaded guilty to the armed robbery (counts 2, 3 and 4) and admitted being armed with revolvers when the robberies were committed. The killing...

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