THE PEOPLE, Plaintiff and Respondent,
v.
CARL H. FOSTER et al., Defendants and Appellants.
Court of Appeals of California, First District, Division Three.https://leagle.com/images/logo.png
December 13, 1963.
December 13, 1963.
Attorney(s) appearing for the Case
Daniel H. Dibert, under appointment by the District Court of Appeal, for Defendants and Appellants.
Stanley Mosk, Attorney General, Albert W. Harris, Jr., and Keith E. Pugh, Jr., Deputy Attorneys General, for Plaintiff and Respondent.
Court of Appeals of California, First District, Division Three.
DEVINE, J.
[1a] Two sets of brothers are the main actors here, one set being the intended victims of a burglary, the other, appellants convicted of that crime. The "victims" (it is ironic to call them so, in view of the result) were asleep in their room on the second story of a motel, at about 7 o'clock in the morning. One of them (hereinafter called the victim) awoke to find a man, whom he identified as appellant Carl Foster, kneeling at a night stand...
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