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PEOPLE v. HUFF

Docket No. 12574.

255 Cal.App.2d 443 (1967)

63 Cal. Rptr. 317

THE PEOPLE, Plaintiff and Respondent, v. CHARLES OSCAR HUFF, Defendant and Appellant.

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

October 27, 1967.

Attorney(s) appearing for the Case

Royce R. Lewellen, under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and A. Barry Cappello, Deputy Attorney General, for Plaintiff and Respondent.

JEFFERSON, J.

This appeal presents the question whether defendant was tried on a charge after having been once in jeopardy.

Charged by information with attempted robbery, defendant pleaded not guilty. On January 18, 1966, a jury was impaneled and sworn.1 After the information was read, the trial judge called a noon recess, indicated the court would reconvene at 2 p.m. that afternoon and admonished the jury not to converse among...

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