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IN RE WELLS

Docket Nos. 9292, 8712.

20 Cal.App.3d 640 (1971)

98 Cal. Rptr. 1

In re WARREN WELLS on Habeas Corpus. THE PEOPLE, Plaintiff and Respondent, v. WARREN WELLS, Defendant and Appellant. (Consolidated Appeals.)

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

October 18, 1971.

Attorney(s) appearing for the Case

COUNSEL

Garry, Dreyfus, McTernan & Brotsky, Charles R. Garry, Benjamin Dreyfus, Donald L.A. Kerson, David E. Pesonen, and Friedman, Sloan & Bresee for Petitioner in Crim. No. 9292 and for Defendant and Appellant in Crim. No. 8712.

Thomas C. Lynch and Evelle J. Younger, Attorneys General, Albert W. Harris, Jr., Assistant Attorney General, Clifford K. Thompson, Jr., Edward P. O'Brien, John T. Murphy and Sanford Svetcov, Deputy Attorneys General, for Respondent in Crim. No. 9292 and for Plaintiff and Respondent in Crim. No. 8712.

OPINION

CHRISTIAN, J.

Appellant Warren Wells and seven codefendants were indicted on two counts of attempted murder (Pen. Code, § 187) and two counts of assault with a deadly weapon (Pen. Code, § 245, subd. (b)). Appellant's case was severed for trial. After two previous trials had ended in jury disagreement, appellant was finally found guilty of the assault charges and not guilty of attempted murder. The appeal is from...

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