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PEOPLE v. YANCY

Docket No. 1405.

171 Cal.App.2d 371 (1959)

340 P.2d 328

THE PEOPLE, Respondent, v. JAMES FRANKLIN YANCY et al., Defendants; JAMES WALTER WHITE, Appellant.

Court of Appeals of California, Fourth District.

June 16, 1959.

Attorney(s) appearing for the Case

Irwin Gostin, under appointment by the District Court of Appeal, and Gostin & Katz, for Appellant.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and David B. Allen, Deputy Attorney General, for Respondent.

MUSSELL, J.

Appellant James Walter White, James Franklin Yancy and Richard Jackson were jointly charged with the crime of assault by means of force likely to produce great bodily injury (Pen. Code, § 245). In a second count of the information they were charged with the crime of rescue in violation of Penal Code, section 4550, in that they unlawfully rescued one Leon Atkins, who was then a prisoner in the lawful custody of one Richard L. Eckert. It was also

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