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PEOPLE v. FAIRCHILD

Docket No. 4095.

209 Cal.App.2d 82 (1962)

25 Cal. Rptr. 717

THE PEOPLE, Plaintiff and Respondent, v. A.D. FAIRCHILD, Defendant and Appellant.

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

October 29, 1962.

Attorney(s) appearing for the Case

Andrew H. D'Anneo, under appointment by the District Court of Appeal, for Defendant and Appellant.

Stanley Mosk, Attorney General, John S. McInerny and Eric Collins, Deputy Attorneys General, for Plaintiff and Respondent.

DRAPER, P.J.

A jury found appellant and one McKnight guilty of first degree robbery (Pen. Code, § 211). Appellant moved for new trial on the ground of newly discovered evidence. His motion was denied, and he was sentenced to prison. He properly asks that we review the order denying new trial upon this appeal from the judgment (Pen. Code, § 1237).

At 2:45 a.m. two men entered a service station. One asked Schumann, the operator, for change. As Schumann...

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