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PEOPLE v. HOZE

Docket No. 5933.

16 Cal.App.3d 671 (1971)

94 Cal. Rptr. 360

THE PEOPLE, Plaintiff and Respondent, v. JOHNNY HOZE, Defendant and Appellant.

Court of Appeals of California, Third District.

April 14, 1971.

Attorney(s) appearing for the Case

COUNSEL

Joseph S. Samuel, under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch and Evelle J. Younger, Attorneys General, Edsel W. Haws and James D. Garbolino, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

REGAN, J.

After a trial by jury, defendant was convicted of battery upon a police officer. (Pen. Code, §§ 242, 243.) He appeals from the judgment, contending:

The court sua sponte should have instructed the jury that the defendant should be found guilty only of simple battery if the police were not engaged in the performance of their duties at the time of the assault.

FACTS

At approximately...

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