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PEOPLE v. CROWE

Docket No. Crim. 16261.

8 Cal.3d 815 (1973)

506 P.2d 193

106 Cal. Rptr. 369

THE PEOPLE, Plaintiff and Respondent, v. JOHN IRWIN CROWE, Defendant and Appellant.

Supreme Court of California. In Bank.

February 8, 1973.

Attorney(s) appearing for the Case

COUNSEL

Velma E. Williams, under appointment by the Supreme Court, for Defendant and Appellant.

Wilbur F. Littlefield and Herbert M. Barish as Amici Curiae on behalf of Defendant and Appellant.

Evelle J. Younger, Attorney General, William E. James, Assistant Attorney General, and William R. Pounders, Deputy Attorney General, for Plaintiff and Respondent.

D. Lowell Jensen, District Attorney (Alameda), as Amicus Curiae.

OPINION

TOBRINER, J.

Defendant John Irwin Crowe appeals from a conviction, following jury verdict, of assault by means of force likely to produce great bodily harm (Pen. Code, § 245, subd. (a)) and robbery (Pen. Code, § 211). The jury determined the robbery to be of the second degree. (Pen. Code, § 211a.)

The principal issue of the case turns on defendant's contention that the trial court's conduct of the

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