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PEOPLE v. FRANKLIN

Docket No. 3936.

200 Cal.App.2d 797 (1962)

19 Cal. Rptr. 645

THE PEOPLE, Plaintiff and Respondent, v. GERALD RAY FRANKLIN, Defendant and Appellant.

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

February 28, 1962.

Attorney(s) appearing for the Case

Richard H. Perry, under appointment by the District Court of Appeal, for Defendant and Appellant.

Stanley Mosk, Attorney General, John S. McInerny and Robert B. Smith, Deputy Attorneys General, for Plaintiff and Respondent.

DRAPER, P.J.

A jury found defendant guilty of robbery (Pen. Code, § 211) and assault with a deadly weapon (Pen. Code, § 245). He was sentenced to concurrent terms on the two counts, and appeals from the judgment and the order denying new trial.

A man ordered a pack of cigarettes from a checker in a market. When she rang up the sale on the cash register and turned to him for payment, he pointed a gun at her, and said

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