PEOPLE v. BREWSTER

Docket No. 5173.

276 Cal.App.2d 750 (1969)

81 Cal. Rptr. 237

THE PEOPLE, Plaintiff and Respondent, v. FLOYD ALLEN BREWSTER, Defendant and Appellant.

Court of Appeals of California, Third District.

October 9, 1969.


Attorney(s) appearing for the Case

Robert M. Wheatley, under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Edsel W. Haws, Nelson P. Kempsky and Willard F. Jones, Deputy Attorneys General, for Plaintiff and Respondent.


PIERCE, P.J.

The appeal is from a judgment following a jury conviction of first degree robbery. (Pen. Code, §§ 211 & 211a.) Defendant was also charged with being, and found to have been, armed with a deadly weapon at the time of commission of the offense within the meaning of Penal Code sections 969c and 3024. We reject defendant's contention that the jury was inadequately instructed. We hold, however, that the case must be returned for further findings...

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