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PEOPLE v. GIBBS

Docket Nos. 3681, 3704.

188 Cal.App.2d 596 (1961)

10 Cal. Rptr. 581

THE PEOPLE, Respondent, v. RICHARD EVAN GIBBS et al., Appellants. THE PEOPLE, Respondent, v. CHARLES GEORGE HENDRICKS, JR., Appellant.

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

January 27, 1961.

Attorney(s) appearing for the Case

Thomas F. Stack and John J. McLaughlin, under appointment by the District Court of Appeal, for Appellants.

Stanley Mosk, Attorney General, Arlo E. Smith and Peter T. Kennedy, Deputy Attorneys General, for Respondent.

TOBRINER, J.

In the special circumstances of this case appellants fail in their contentions that they were improperly deprived of the protection of their personal pleas of not guilty of burglary because of the court's reduction of the issue to one of commission of first or second degree burglary. The record shows their adoption of their counsel's stipulation and strategy thus to narrow the issue. In the face of appellants' admissions, as well as the stipulation, they...

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