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PEOPLE v. HARPER

Docket No. 14485.

269 Cal.App.2d 221 (1969)

74 Cal. Rptr. 859

THE PEOPLE, Plaintiff and Respondent, v. WILLIAM ROGER HARPER, Defendant and Appellant.

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

January 28, 1969.

Attorney(s) appearing for the Case

John J. Hunter, under appointment by the Court of Appeal, and Roberts, Hansen, Carmack & Brown for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Elizabeth Miller and Robert F. Katz, Deputy Attorneys General, for Plaintiff and Respondent.

STEPHENS, Acting P.J.

By information, defendant was charged with a violation of section 459 of the Penal Code (burglary). Defendant pleaded not guilty, waived jury trial, and submitted the cause on the preliminary hearing transcript plus his testimony. The defendant was found not guilty of the charge of burglary, but guilty of "a lesser and necessarily included offense in Section 459 Penal Code," criminal trespass, in violation of section 602, subdivision (l

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