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PEOPLE v. WHEELWRIGHT

Docket No. 4611.

262 Cal.App.2d 63 (1968)

68 Cal. Rptr. 356

THE PEOPLE, Plaintiff and Respondent, v. THEOPLIS WHEELWRIGHT, Defendant and Appellant.

Court of Appeals of California, Third District.

May 9, 1968.

Attorney(s) appearing for the Case

Paul Petrozzi, under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, and Daniel J. Kremer, Deputy Attorney General, for Plaintiff and Respondent.

PIERCE, P.J.

Defendant, convicted of forgery, was granted probation. He appeals from the order granting probation. [1] The order is appealable. (Pen. Code, § 1237.)

The only contention possessing merit is that the trial court of its own motion gave the following unexplained and undefined instruction: "Evidence of an oral admission or statement by the defendant ought to be viewed by [sic] caution."1

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