PEOPLE v. GENTRY

Docket No. 4702.

270 Cal.App.2d 462 (1969)

76 Cal. Rptr. 336

THE PEOPLE, Plaintiff and Respondent, v. ALLAN LEE GENTRY, Defendant and Appellant.

Court of Appeals of California, Third District.

March 6, 1969.


Attorney(s) appearing for the Case

Wallace Smith, under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Nelson P. Kempsky and Elliott D. McCarty, Deputy Attorneys General, for Plaintiff and Respondent.


PIERCE, P.J.

Defendant appeals from a judgment sentencing him to state prison after conviction by a jury of inflicting cruel or inhuman corporal punishment upon a child in violation of Penal Code section 273d.

Appellant Gentry's contentions are several. None can be sustained. Principal among the arguable questions on this appeal is that the rule of People v. Johnson (1968) 68 Cal.2d 646 [

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