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PEOPLE v. GILBERT

Docket No. 7273.

188 Cal.App.2d 723 (1961)

10 Cal. Rptr. 799

THE PEOPLE, Respondent, v. JESSIE JAMES GILBERT, Appellant.

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

January 31, 1961.

Attorney(s) appearing for the Case

George E. Shibley and Ernest L. Graves for Appellant.

Stanley Mosk, Attorney General, and Jack E. Goertzen, Deputy Attorney General, for Respondent.

FORD, J.

This is an appeal from a judgment of conviction of burglary of the first degree and from an order denying a motion for a new trial.1 The sole contention of the appellant is that the trial judge (the appellant having waived his right to trial by jury) should have determined the offense to have been burglary of the second degree rather than of the first degree.2...

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