PEOPLE v. LIVINGSTON

Docket No. 12864.

252 Cal.App.2d 630 (1967)

60 Cal. Rptr. 728

THE PEOPLE, Plaintiff and Respondent, v. DONNELL LIVINGSTON, Defendant and Appellant.

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

July 17, 1967.


Attorney(s) appearing for the Case

Raymond H. Miller, under appointment by the Court of Appeal, for Defendant and Appellant.

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


LILLIE, J.

A jury found defendant guilty of kidnaping (§ 207, Pen. Code) and rape (§ 261, subd. 3, Pen. Code); the court struck the allegation from both counts that he had been armed with a deadly weapon, a knife. Defendant's motion for a new trial was denied. He appeals from the judgment. The purported appeal from order denying the motion is dismissed.

We view the evidence in a light most favorable to the judgment. (People v. Sweeney,...

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