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PEOPLE v. BERRY

Docket No. 13653.

260 Cal.App.2d 654 (1968)

67 Cal. Rptr. 315

THE PEOPLE, Plaintiff and Respondent, v. DONALD PAUL BERRY, Defendant and Appellant.

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

March 29, 1968.

Attorney(s) appearing for the Case

Bernay, Christensen, Goldberg & Kippen and Richard H. Christensen for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and William V. Ballough, Deputy Attorney General, for Plaintiff and Respondent.

FOURT, J.

This is an appeal from a judgment of conviction of burglary.

Appellant was originally charged with burglary with explosives (Pen. Code, § 464) but following the preliminary hearing the information was amended to charge him in a second count with burglary. The case was submitted on the transcript of the preliminary hearing augmented by further testimony by stipulation. The court found appellant guilty of burglary, dismissed the first count, denied...

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