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  5. 188 Cal.App.2d 646 (1961)
 

PEOPLE v. DYER

Docket No. 3709.

188 Cal.App.2d 646 (1961)

10 Cal. Rptr. 613

THE PEOPLE, Respondent, v. ROBERT LEWIS DYER, Appellant.

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

January 30, 1961.

Attorney(s) appearing for the Case

Spencer W. Strellis, under appointment by the District Court of Appeal, for Appellant.

Stanley Mosk, Attorney General, Arlo E. Smith and John S. McInerny, Deputy Attorneys General, for Respondent.

DUNIWAY, J.

Dyer appeals from a judgment of conviction. The offense is selling heroin (Health & Saf. Code, § 11500). Through court-appointed counsel, he urges that he did not validly consent to the absence of a juror or to have his case decided by a jury of 11 persons.

No claim is made that the evidence does not support the verdict. We have examined the transcript and find the evidence more than sufficient.

The question arises in this way...

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