PEOPLE v. HALES

Docket No. 5403.

244 Cal.App.2d 507 (1966)

53 Cal. Rptr. 161

THE PEOPLE, Plaintiff and Appellant, v. HAROLD FREDERICK HALES, Defendant and Respondent.

Court of Appeals of California, First District, Division One.

August 29, 1966.


Attorney(s) appearing for the Case

Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, and Jay S. Linderman, Deputy Attorney General, for Plaintiff and Respondent.

Robert Y. Bell for Defendant and Respondent.


SIMS, J.

The People have appealed from orders of the trial court which (1) purported to vacate and set aside a prior judgment which sentenced the defendant to prison following his conviction by jury verdict of burglary in the second degree in violation of section 459 of the Penal Code and (2) thereupon granted his motion for new trial.

The People contend that the trial court had no power or authority to vacate the judgment, and that defendant's motion for...

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