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PEOPLE v. THOMAS

Docket No. Crim. 6455.

52 Cal.2d 521 (1959)

342 P.2d 889

THE PEOPLE, Respondent, v. ROBERT THOMAS, Appellant.

Supreme Court of California. In Bank.

July 24, 1959.

Attorney(s) appearing for the Case

Spiegel, Turner & Wolfson and Gerald G. Wolfson for Appellant.

Edmund G. Brown and Stanley Mosk, Attorneys General, Elizabeth Miller and David B. Allen, Deputy Attorneys General, for Respondent.

SCHAUER, J.

Defendant appeals from an order denying his motion (1) to vacate a judgment, rendered in the afternoon of April 7, 1958, which sentences him to state prison and (2) to reinstate a county jail sentence announced in the morning and "rescinded" in the afternoon of that day. He contends that the judgment is void under the italicized portion of the following rule stated in People v. McAllister (1940), 15 Cal.2d 519, 526 [2] [102 P.2d 1072] (the...

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