PEOPLE v. WARD

Docket No. 20931.

27 Cal.App.3d 218 (1972)

103 Cal. Rptr. 671

THE PEOPLE, Plaintiff and Respondent, v. OSCAR COLUMBUS WARD, Defendant and Appellant.

Court of Appeals of California, Second District, Division Five.

August 15, 1972.


Attorney(s) appearing for the Case

COUNSEL

Richard H. Levin, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Herbert L. Ashby, Chief Assistant Attorney General, William E. James, Assistant Attorney General, Norman H. Sokolow and James H. Kline, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

COLE, J.*

Oscar Columbus Ward was convicted of the first degree murder of Anthony Frank Ungaro. Defendant raises on this appeal contentions (1) that his arrest and the ensuing search were unlawful; (2) that it was prejudicial error for the court to give a "lying in wait" instruction to the jury, and (3) that the court abused its discretion in refusing a month's continuance of the trial and substituting...

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