PEOPLE v. BRELAND

Docket No. 10790.

243 Cal.App.2d 644 (1966)

52 Cal. Rptr. 696

THE PEOPLE, Plaintiff and Respondent, v. ELBERT LAVON BRELAND, Defendant and Appellant.

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

July 26, 1966.


Attorney(s) appearing for the Case

Erling J. Hovden, Public Defender, and Kazuo Watanabe for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, Evelle J. Younger, District Attorney, Harry Wood and Harry Sondheim, Deputy District Attorneys, for Plaintiff and Respondent.


FORD, J.

The first question presented on this appeal is whether the defendant who pleaded guilty in the municipal court to the offense of battery, a misdemeanor, and was sentenced therefor, was subject to prosecution and punishment for the crime of murder upon the victim's subsequent death caused by the battery. If such question is resolved against the defendant, the sufficiency of the evidence to sustain the conviction...

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