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PEOPLE v. KAGELER

Docket No. 21847.

32 Cal.App.3d 738 (1973)

108 Cal. Rptr. 235

THE PEOPLE, Plaintiff and Respondent, v. RUSSELL A. KAGELER, Defendant and Appellant.

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

June 1, 1973.

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, Edward A. Hinz, Jr., Chief Assistant Attorney General, William E. James, Assistant Attorney General, Howard J. Schwab and Donald F. Roeschke, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KEENE, J.*

In a one count information the defendant was charged with grand theft in violation of section 487, subdivision 1, of the Penal Code; a jury convicted him. The trial was preceded by a motion to dismiss pursuant to section 995 of the Penal Code and followed by a motion for a new trial pursuant to section 1181 of the Penal Code — they were both denied. Following a 90-day commitment...

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