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PEOPLE v. MAYBERRY

Docket No. Crim. 18219.

15 Cal.3d 143 (1975)

542 P.2d 1337

125 Cal. Rptr. 745

THE PEOPLE, Plaintiff and Respondent, v. BOOKER T. MAYBERRY et al., Defendants and Appellants.

Supreme Court of California. In Bank.

September 5, 1975.

Attorney(s) appearing for the Case

COUNSEL

George Lawrence Schraer and Michael A. Mendelson, under appointments by the Supreme Court, David B. Elefant, under appointment by the Court of Appeal, and Alan Exelrod for Defendants and Appellants.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, John T. Murphy, Ann K. Jensen and Clifford K. Thompson, Jr., Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

RICHARDSON, J.

An information was filed charging Franklin Mayberry and his brother Booker T. Mayberry with various offenses against the prosecutrix (Miss Nancy B.). Booker was charged with assault with intent to commit rape (Pen. Code, § 220). Franklin was charged with kidnaping (Pen. Code, § 207), rape by means of force and threat (Pen. Code, § 261, subds. 2 &...

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