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PEOPLE v. WIMBERLY

Docket Nos. 8615, 8616.

215 Cal.App.2d 538 (1963)

30 Cal. Rptr. 421

THE PEOPLE, Plaintiff and Respondent, v. EARL DAMASTIS WIMBERLY, Defendant and Appellant.

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

April 29, 1963.

Attorney(s) appearing for the Case

Erling J. Hovden and Ellery E. Cuff, Public Defenders, under appointment by the District Court of Appeal, Charles A. Maple and James L. McCormick, Deputy Public Defenders, for Defendant and Appellant.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and Jack K. Weber, Deputy Attorney General, for Plaintiff and Respondent.

Appeal No. 8616

FOX, P.J.

Defendant was charged with: (1) burglary, in that on April 21, 1962, he unlawfully entered the room occupied by Casenia Dixon with intent to commit theft; (2) a second count of burglary in that he unlawfully entered the apartment occupied by Iva B. Burkholder with intent to commit theft and rape; and (3) rape, in violation of section 261, subdivision 3, Penal Code, committed on said Iva B. Burkholder. Defendant was found...

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