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PEOPLE v. FOSTER

Docket No. Crim. 11328.

67 Cal.2d 604 (1967)

432 P.2d 976

63 Cal. Rptr. 288

THE PEOPLE, Plaintiff and Respondent, v. ELIAS BLUE FOSTER, Defendant and Appellant.

Supreme Court of California. In Bank.

November 6, 1967.

Attorney(s) appearing for the Case

Gilbert F. Nelson, under appointment by the Supreme Court, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Phillip G. Samovar, Deputy Attorney General, for Plaintiff and Respondent.

BURKE, J.

An information was filed charging Elias Blue Foster with a violation of Penal Code, section 288 (lewd or lascivious acts upon a child) and with a prior felony conviction in California of assault with a deadly weapon. Defendant pleaded not guilty and denied the prior conviction. He waived a jury trial and was found guilty by the court of the offense. (The disposition of the prior conviction is discussed later herein.) [1] [See fn. 1] The court...

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