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PEOPLE v. McGOWAN

Docket No. 2942.

269 Cal.App.2d 740 (1969)

75 Cal. Rptr. 53

THE PEOPLE, Plaintiff and Respondent, v. THOMAS EDWARD McGOWAN et al., Defendants and Appellants.

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

February 17, 1969.

Attorney(s) appearing for the Case

Conrad G. Walker and Howard J. Bechefsky, under appointments by the Court of Appeal, and Stanley L. Avery for Defendants and Appellants.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Megan A. Wagner, Deputy Attorney General, for Plaintiff and Respondent.

BROWN (Gerald), P.J.

Thomas Edward McGowan, Willie Dandy, Jr., and Morgan Martin appeal from judgments convicting each of second degree burglary (Pen. Code, § 459) after jury trial.

About 2 p.m., February 23, 1967, McGowan purchased 8 cents worth of candy and gum from Stephen Rowe, a liquor clerk in an Encinitas Mayfair Market. He handed a dollar bill to the clerk who rang up the purchase, opening the cash...

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