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PEOPLE v. STEARNS

Docket No. 22986.

35 Cal.App.3d 304 (1973)

110 Cal. Rptr. 711

THE PEOPLE, Plaintiff and Respondent, v. JACK GENTRY STEARNS, Defendant and Appellant.

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

November 14, 1973.

Attorney(s) appearing for the Case

COUNSEL

James M. Epstein, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., 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

FILES, P.J.

On this appeal defendant seeks to attack the fairness of a lineup in which he was identified by a witness as the perpetrator of a homicide.

Defendant was arrested, placed in a lineup, and identified by a witness. He was charged by information with murder (Pen. Code, § 187) and found guilty by a jury of first degree murder. His conviction was reversed on appeal because of errors of law in instructing...

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