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PEOPLE v. WOODBERRY

Docket No. 13729.

265 Cal.App.2d 351 (1968)

71 Cal. Rptr. 165

THE PEOPLE, Plaintiff and Respondent, v. CHARLES HENRY WOODBERRY, Defendant and Appellant.

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

August 28, 1968.

Attorney(s) appearing for the Case

Richard S. Buckley, Public Defender, Edward B. Olsen, Gerald McC. Franklin and James L. McCormick, Deputy Public Defenders, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Phillip G. Samovar, Deputy Attorney General, for Plaintiff and Respondent.

FILES, P.J.

Appellant Woodberry, together with his codefendants Kenney and Magee, were charged with murder (Pen. Code, § 187). Their joint trial commenced with the selection of a jury on August 23, 1966. On August 25 the charge against Magee was dismissed on motion of the People and the trial proceeded against the other two. On August 31, before the People's case had been completed, all parties waived a jury and agreed to complete the trial before the court sitting...

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