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PEOPLE v. WOZNIAK

Docket No. 1399.

167 Cal.App.2d 448 (1959)

334 P.2d 689

THE PEOPLE, Respondent, v. HENRY WOZNIAK, Appellant.

Court of Appeals of California, Fourth District.

January 29, 1959.

Attorney(s) appearing for the Case

Robert C. Thaxton, Jr., under appointment by the District Court of Appeal, for Appellant.

Edmund G. Brown, Attorney General, and Arthur C. deGoede, Deputy Attorney General, for Respondent.

STONE, J. pro tem.*

A jury found the defendant guilty of burglary in the first degree. By this appeal defendant asks the court to modify the judgment to burglary in the second degree.

Kent Parker was a permanent resident of a hotel in San Diego on March 19, 1958. A few days prior to that date he had been released from the hospital, he was not well, and was suffering some pain. At about 6:30 p.m. he took two sleeping pills prescribed...

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