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PEOPLE v. ODOM

Docket No. 610.

3 Cal.App.3d 559 (1970)

83 Cal. Rptr. 520

THE PEOPLE, Plaintiff and Respondent, v. WENDELL WAYNE ODOM, Defendant and Appellant.

Court of Appeals of California, Fifth District.

January 16, 1970.

Attorney(s) appearing for the Case

COUNSEL

Lerrigo, Thuesen & Thompson, Gerald L. Thuesen, Timothy R. Nibler, Sandell & Hill and Floyd S. Hill for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Jack R. Winkler and A. Wells Petersen, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GARGANO, J.

Appellant was charged with murder in the second degree in the first count of the information, and after jury trial was convicted of voluntary manslaughter.1 His appeal centers on the perplexing question which came into existence when the trial judge purported to dismiss the murder charge, presumably pursuant to Penal Code section 1118.1, while at the same time declaring that the court...

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