PEOPLE v. KELLY

Docket No. 7398.

195 Cal.App.2d 669 (1961)

16 Cal. Rptr. 177

THE PEOPLE, Respondent, v. ROBERT EMMET KELLY, JR., Appellant.

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

September 18, 1961.


Attorney(s) appearing for the Case

Louis Lee Abbott for Appellant.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and George W. Kell, Deputy Attorney General, for Respondent.


WOOD, P.J.

In two counts of an information the defendant was accused of burglary; and in two counts he was accused of grand theft. Trial by jury was waived. By stipulation the case was submitted upon the transcript of the preliminary examination, reserving the right to offer additional evidence. Defendant's motion to set aside the information under section 995 of the Penal Code was granted as to count 2 (charging grand theft) and was denied as to the other counts...

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