PEOPLE v. GARCIA

Docket No. 3556.

169 Cal.App.2d 368 (1959)

337 P.2d 100

THE PEOPLE, Respondent, v. JESSE CORTEZ GARCIA, Appellant.

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

April 6, 1959.


Attorney(s) appearing for the Case

William S. Smeed, under appointment by the District Court of Appeal, for Appellant.

Stanley Mosk, Attorney General, Clarence A. Linn, Chief Assistant Attorney General, and John S. McInerny, Deputy Attorney General, for Respondent.


WOOD (Fred B.), J.

Convicted of armed robbery (Pen. Code, § 211), defendant Garcia claims that prejudicial errors occurred in instructing the jury.

Late one evening three men entered and robbed a certain liquor store. They then left, got into a car and drove away. The car, soon apprehended, had four occupants: Raul Altamirano, Frank Espinoza, Robert Gonzales and defendant Garcia.

The sales clerk at the store was unable to identify Garcia as one...

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