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PEOPLE v. SPINKS

Docket No. 7336.

190 Cal.App.2d 366 (1961)

11 Cal. Rptr. 923

THE PEOPLE, Respondent, v. RUSH SPINKS, Appellant.

Court of Appeals of California, Second District, Division Two.

March 21, 1961.

Attorney(s) appearing for the Case

Joseph T. Forno for Appellant.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and Matthew M. Kearney, Deputy Attorney General, for Respondent.

McMURRAY, J. pro tem.*

This is an appeal after a judgment of conviction of violation of Penal Code, section 337a, by the court and its denial of the motion for new trial after appellant had waived trial by jury and submitted the matter on the transcript of the preliminary hearing, with each side reserving the right to introduce additional evidence.

[1] The thrust of the appeal is that the trial judge prejudged the...

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