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PEOPLE v. LEE

Docket No. 11962.

38 Cal.App.3d 749 (1974)

113 Cal. Rptr. 641

THE PEOPLE, Plaintiff and Respondent, v. CECIL E. LEE, Defendant and Appellant.

Court of Appeals of California, First District, Division Two.

April 1, 1974.

Attorney(s) appearing for the Case

COUNSEL

Sydney N. Tanner for Defendant and Appellant.

Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, William E. James, Assistant Attorney General, Derald E. Granberg and April P. Kestell, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ROUSE, J.

Defendant appeals from the judgment of conviction1 by jury verdict of second degree murder (Pen. Code, § 187) while armed with a deadly weapon (Pen. Code, § 12022). During the night, and after the first day of jury deliberations, the janitor threw away several exhibits of physical evidence introduced by the People. Defendant's contentions on appeal deal with this missing evidence...

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