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PEOPLE v. UTTER

Docket No. 19992.

24 Cal.App.3d 535 (1972)

101 Cal. Rptr. 214

THE PEOPLE, Plaintiff and Respondent, v. THOMAS EDWARD UTTER, Defendant and Appellant.

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

March 29, 1972.

Attorney(s) appearing for the Case

COUNSEL

Herbert E. Selwyn, 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, Howard J. Schwab and Norman H. Sokolow, Deputy Attorneys General, Joseph P. Busch, Jr., District Attorney, and Stephen S. Trott, Deputy District Attorney, for Plaintiff and Respondent.

OPINION

JEFFERSON, Acting P.J.

Thomas Edward Utter was charged with (count I) murder (Pen. Code, § 187), (count II) robbery (Pen. Code, § 211) and three counts (counts III, IV and V) of grand theft (Pen. Code, § 487, subd. 1). With respect to the charges of murder and robbery and one count of grand theft, it was alleged that the defendant was armed with a 9 mm. Browning pistol. The defendant's motion to suppress evidence...

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