PEOPLE v. HAMILTON

Docket No. 348.

258 Cal.App.2d 511 (1968)

65 Cal. Rptr. 803

THE PEOPLE, Plaintiff and Respondent, v. LEWIS FLOYD HAMILTON, Defendant and Appellant.

Court of Appeals of California, Fifth District.

January 31, 1968.


Attorney(s) appearing for the Case

Donald B. Cantwell, under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, Edsel W. Haws and John Fourt, Deputy Attorneys General, for Plaintiff and Respondent.


CONLEY, P.J.

This court heretofore filed an opinion affirming the judgment as to the third count (statutory rape) and reversing it as to the first and second counts charging felonious assault; the reversal was due to the fact that on the basis of the record and the briefs as they were originally presented it appeared to us that the trial judge had committed incurable error by gratuituously stating in the presence of the jury that the defendant had pleaded guilty to...

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