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PEOPLE v. MATTHEWS

Docket No. 13010.

264 Cal.App.2d 557 (1968)

70 Cal. Rptr. 756

THE PEOPLE, Plaintiff and Respondent, v. ROY EDRIC MATTHEWS, Defendant and Appellant.

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

July 31, 1968.

Attorney(s) appearing for the Case

Frank G. King, under appointment by the Court of Appeal, for Defendant and Appellant.

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

COBEY, J.

This is an appeal, following a nonjury trial, from a judgment of conviction of burglary of the second degree in which probation was granted and from an order denying a new trial.1 Such order is not appealable as such, but will be reviewed herein. (Pen. Code, § 1237, subd. 1.)

The grounds for appeal are essentially that (1) the evidence of appellant's concomitant intent...

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