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PEOPLE v. LINDER

Docket No. Crim. 15505.

5 Cal.3d 342 (1971)

486 P.2d 1226

96 Cal. Rptr. 26

THE PEOPLE, Plaintiff and Respondent, v. LYLE EBER LINDER, Defendant and Appellant.

Supreme Court of California. In Bank.

July 8, 1971.

Attorney(s) appearing for the Case

COUNSEL

David S. Folsom, under appointment by the Supreme Court, for Defendant and Appellant.

Thomas C. Lynch and Evelle J. Younger, Attorneys General, William E. James, Assistant Attorney General, and Diana C. Woodward, Deputy Attorney General, for Plaintiff and Respondent.

OPINION

MOSK, J.

Defendant was convicted of two counts of burglary in the second degree. (Pen. Code, §§ 459, 460.) At the trial he attempted to read into the record a transcript of testimony given by his former wife during a previous trial on the same charges which had ended in a mistrial. The trial court refused to admit the evidence on the ground that not until the day before the second trial was scheduled to begin did...

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