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  5. 262 Cal.App.2d 195 (1968)
 

PEOPLE v. MAYES

Docket No. 377.

262 Cal.App.2d 195 (1968)

68 Cal. Rptr. 476

THE PEOPLE, Plaintiff and Respondent, v. CARROLL ELTON MAYES, Defendant and Appellant.

Court of Appeals of California, Fifth District.

May 15, 1968.

Attorney(s) appearing for the Case

LaCoste, Keller, Reid & Azevedo and Ernest LaCoste for Defendant and Appellant.

Thomas C. Lynch, Attorney General, and Nelson P. Kempsky, Deputy Attorney General, for Plaintiff and Respondent.

GARGANO, J.

Defendant was charged with murder in violation of Penal Code section 187. No other charges were made or specified in the information. Subsequently, the district attorney stipulated that the offense was not murder in the first degree and the cause proceeded to trial on this basis. After jury trial defendant was convicted of a battery. The trial court denied defendant's motion for a new trial and sentenced him to serve six months in the county jail. Defendant...

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