PEOPLE v. KELLEY

Docket No. 15438.

3 Cal.App.3d 146 (1969)

83 Cal. Rptr. 287

THE PEOPLE, Plaintiff and Respondent, v. CARL EDWARD KELLEY, Defendant and Appellant.

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

December 30, 1969.


Attorney(s) appearing for the Case

COUNSEL

Michael R. Palley, under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Gordon J. Rose, Deputy Attorney General, for Plaintiff and Respondent.


OPINION

FILES, P.J.

A jury found defendant guilty of two counts of the offense of battery (Pen. Code, § 242) committed against two peace officers engaged in the performance of their duties. Inasmuch as a battery committed under such circumstances is a felony (Pen. Code, § 243) the court sentenced defendant to state prison.1 He is appealing from the judgment.

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