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PEOPLE v. GARDNER

Docket No. 3868.

195 Cal.App.2d 829 (1961)

16 Cal. Rptr. 256

THE PEOPLE, Respondent, v. PHILIP GARDNER, Appellant.

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

October 2, 1961.

Attorney(s) appearing for the Case

Marshall W. Krause, under appointment by the District Court of Appeal, for Appellant.

Stanley Mosk, Attorney General, Arlo E. Smith and Edward P. O'Brien, Deputy Attorneys General, for Respondent.

BRAY, P.J.

Defendant appeals from a judgment of conviction, after a jury trial, of violation of section 311, subdivision 1, of the Penal Code (indecent exposure in a public place) and from an order denying a new trial.1

QUESTIONS PRESENTED

1. Failure of court to give on its own motion (a) an instruction that evidence of oral admissions should be viewed with caution, and (b) a cautionary instruction on circumstantial evidence...

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