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PEOPLE v. BARSTOW

Docket No. 23751.

42 Cal.App.3d 90 (1974)

116 Cal. Rptr. 524

THE PEOPLE, Plaintiff and Respondent, v. STANLEY REX BARSTOW, Defendant and Appellant.

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

September 26, 1974.

Attorney(s) appearing for the Case

COUNSEL

Stanton L. Stein, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Frederick R. Millar, Jr., and William R. Weisman, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ASHBY, J.

Following a jury trial appellant was convicted in two counts of violating Penal Code section 451a1 and Penal Code section 12303.3.2 The evidence showed that in the early morning hours of February 12, 1973, appellant had an argument with Mr. Irwin Blickenstaff. Appellant stated: "`I am going to get you'" or "`[y]ou old gray-headed son of a bitch. I will go...

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