PEOPLE v. STEWART

Docket No. 13567.

264 Cal.App.2d 809 (1968)

70 Cal. Rptr. 873

THE PEOPLE, Plaintiff and Respondent, v. McKINLEY STEWART, Defendant and Appellant.

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

August 8, 1968.


Attorney(s) appearing for the Case

Oliver W. Holmes, Jr., under appointment by the Court of Appeal, for Defendant and Appellant.

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


LILLIE, J.

Defendant with one Black was charged with burglary (§ 459, Pen. Code) and it was alleged that he suffered a prior felony conviction (entering without breaking) for which he served a term in the state prison. The cause was submitted to the trial court on the transcript of the testimony taken at the preliminary hearing and upon further testimony of three witnesses. Defendant was found guilty of second...

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