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PEOPLE v. FERNANDEZ

Docket No. 76.

222 Cal.App.2d 760 (1963)

35 Cal. Rptr. 370

THE PEOPLE, Plaintiff and Respondent, v. EMMETT FERNANDEZ, Defendant and Appellant.

Court of Appeals of California, Fifth District.

December 2, 1963.

Attorney(s) appearing for the Case

Samuel K. Brantley, under appointment by the District Court of Appeal, for Defendant and Appellant.

Stanley Mosk, Attorney General, Doris H. Maier, Assistant Attorney General, and Roger E. Venturi, Deputy Attorney General, for Plaintiff and Respondent.

CONLEY, P.J.

The defendant appeals from a burglary conviction. With one Luis Miramontes, he was arrested by a police officer of the City of Merced in the early morning of October 24, 1962, inside the Club Morelos; the building had been entered through a torn screen and a broken window; the cash register had been opened and the cigarette vending machine had been pried apart and the money contents appropriated. In the course of the arrest, appellant was shot in the...

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