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PEOPLE v. ESCARCEGA

Docket No. 13845.

273 Cal.App.2d 853 (1969)

78 Cal. Rptr. 785

THE PEOPLE, Plaintiff and Respondent, v. FERNANDO ESCARCEGA, Defendant and Appellant.

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

June 11, 1969.

Attorney(s) appearing for the Case

Edward L. Lascher, under appointment by the Court of Appeal, Blanche C. Bersch, Carlos J. Garcia and Michael J. Hoppe for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Mark L. Christiansen, Deputy Attorney General, for Plaintiff and Respondent.

STEPHENS, J.

Defendant, along with two codefendants, was charged by information in count I with murder, a violation of Penal Code section 187, and in count II, with assault with a deadly weapon, a violation of Penal Code section 245. Defendant pleaded not guilty. After a jury trial, defendant was found guilty of "MANSLAUGHTER (Sec 192.3 PC), a felony, a lesser offense than that charged in count 1 of the amended information but necessarily included therein and ASSAULT...

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