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PEOPLE v. RUSSEL

Docket No. Crim. 11965.

69 Cal.2d 187 (1968)

443 P.2d 794

70 Cal. Rptr. 210

THE PEOPLE, Plaintiff and Respondent, v. THOMAS JOHN RUSSEL, Defendant and Appellant.

Supreme Court of California. In Bank.

August 14, 1968.

Attorney(s) appearing for the Case

Thomas John Russel, in pro. per., and Frank G. Prantil, under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Gerald H. Genard, Deputy Attorney General, for Plaintiff and Respondent.

SULLIVAN, J.

Defendant was charged by indictment with one count of committing lewd and lascivious acts upon the body of a child under the age of 14 years (Pen. Code, § 288; count I) and two counts of incest (Pen. Code, § 285; counts 2 and 3); he was also charged with three prior felony convictions. He pleaded not guilty and admitted the prior felony convictions. On May 24, 1966, a jury was unable to reach a verdict, and the court declared a mistrial and...

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