PEOPLE v. ELY

Docket No. 3561.

170 Cal.App.2d 301 (1959)

338 P.2d 483

THE PEOPLE, Respondent, v. DEWEY ELY, Appellant.

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

May 11, 1959.


Attorney(s) appearing for the Case

Wainwright & Fleishell for Appellant.

Stanley Mosk, Attorney General, Clarence A. Linn, Assistant Attorney General, Raymond M. Momboisse, Deputy Attorney General, Thomas C. Lynch, District Attorney (San Francisco), and John Rudden, Assistant District Attorney, for Respondent.


DRAPER, J.

Defendant appeals from judgment entered upon jury verdict finding him guilty of violation of Penal Code, section 288.

This case is a rarity, in that two persons who observed the occurrences from the window of an apartment, as well as the child involved, were witnesses for the prosecution. In view of these facts, appellant's concession that he does not urge insufficiency of the evidence is somewhat superfluous.

Appellant asserts error in...

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