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ROBINSON v. SMITH

Docket No. 6857.

211 Cal.App.2d 473 (1962)

27 Cal. Rptr. 536

CHARLES KELLY ROBINSON, Plaintiff and Appellant, v. ELMER SMITH et al., Defendants and Respondents.

Court of Appeals of California, Fourth District.

December 28, 1962.

Attorney(s) appearing for the Case

Beardsley & Heap and Edward L. Heap for Plaintiff and Appellant.

King & Mussell and Stanley Mussell, Jr., for Defendants and Respondents.

GRIFFIN, P.J.

[1a] Plaintiff-appellant Charles Kelly Robinson brought this action on May 6, 1960, against defendants and respondents Elmer Smith and City of Barstow, a municipal corporation, alleging in count one of the complaint that on June 17, 1959, defendant Smith, a police officer, willfully and maliciously shot plaintiff in the back, causing considerable injury and damage. In the second count, it is alleged that the City of Barstow acted through...

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