PEOPLE v. ELDER

Docket No. 7166.

274 Cal.App.2d 381 (1969)

79 Cal. Rptr. 466

THE PEOPLE, Plaintiff and Respondent, v. JAMES L. ELDER, Defendant and Appellant.

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

June 27, 1969.


Attorney(s) appearing for the Case

Ronald E. Mallen, under appointment by the Court of Appeal, and Long & Levit for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Robert R. Granucci and Eric Collins, Deputy Attorneys General, for Plaintiff and Respondent.


SIMS, J.

Defendant appeals from a judgment of conviction rendered after a trial by the court in which he was found guilty of burglary in two counts (Pen. Code, § 459), and assault with intent to commit rape (Pen. Code, § 220). He contends that his in-court identification was predicated upon an unfair lineup and constituted a denial of due process; that it was prejudicial error to admit evidence of the details of his prior conviction for burglary; and that...

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