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PEOPLE v. STEWART

Docket No. 10126.

236 Cal.App.2d 27 (1965)

45 Cal. Rptr. 712

THE PEOPLE, Plaintiff and Respondent, v. ANDRE JACK STEWART, Defendant and Appellant.

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

July 21, 1965.

Attorney(s) appearing for the Case

Bernard Grossman, under appointment by the District Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Herbert Davis, Deputy Attorney General, for Plaintiff and Respondent.

ROTH, P.J.

Appellant was charged by information with three counts of violating Penal Code, section 211. It was alleged that he was armed at the time. A jury found appellant guilty on all counts but concluded that he was not armed. He appeals from the judgment.

On December 24, 1963, after midnight, four men entered and robbed the Hamburger Hamlet restaurant in Sherman Oaks. Appellant was first observed by Mr....

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