PEOPLE v. STATEN

Docket No. 8617.

238 Cal.App.2d 499 (1965)

47 Cal. Rptr. 926

THE PEOPLE, Plaintiff and Respondent, v. JAMES WILLIE STATEN, Defendant and Appellant.

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

December 2, 1965.


Attorney(s) appearing for the Case

Harvey Fierstein, under appointment by the District Court of Appeal, and Fierstein & Dolin for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Ronald M. George, Deputy Attorney General, for Plaintiff and Respondent.


SHINN, P.J.

Appellant James Staten was charged by an information with two counts of robbery. It was alleged that he was armed with a deadly weapon, a revolver. Appellant waived a trial by jury and was found guilty as charged by the court and sentenced to the state prison.

Appellant raises two contentions on appeal: (1) The judge's use as evidence against him of the inference to be drawn from his failure to take the stand and testify in his own behalf, in violation...

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