PEOPLE v. DAVIS

Docket No. 12476.

260 Cal.App.2d 186 (1968)

67 Cal. Rptr. 54

THE PEOPLE, Plaintiff and Respondent, v. EUGENE DAVIS, Defendant and Appellant.

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

March 18, 1968.


Attorney(s) appearing for the Case

Alan E. Wellman, under appointment by the Court of Appeal, and Alfred V. Contarino for Defendant and Appellant.

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


KINGSLEY, J.

Defendant was charged with a violation of Penal Code, section 459 (burglary); a prior burglary conviction was alleged against defendant. A plea of "not guilty" was entered.

Defendant's petition for writ of habeas corpus was denied. Jury trial was waived, and by stipulation of all counsel the case was submitted on the preliminary hearing, subject to an offer of additional evidence by either party. Defendant was found guilty of burglary in the second...

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