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PEOPLE v. BENJAMIN

Docket No. 2009.

52 Cal.App.3d 63 (1975)

124 Cal. Rptr. 799

THE PEOPLE, Plaintiff and Respondent, v. JOHNNY LEO BENJAMIN, Defendant and Appellant.

Court of Appeals of California, Fifth District.

October 9, 1975.

Attorney(s) appearing for the Case

COUNSEL

Sidney M. Levin, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Eddie T. Keller and Charles J. James, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

FRANSON, Acting P.J. —

STATEMENT OF FACTS

In the early morning hours of December 23, 1973, appellant and Bobby Lee Gibson were in an after-hours bar-restaurant called Henry VIII — The Dungeon in Bakersfield. Delbert Adams, the victim, was also in the bar. Appellant was wearing a wide-brimmed, leather or suede hat, a sleeveless shirt, and had a coat draped over one arm. Gibson wore a tight fitting navy...

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