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PEOPLE v. OLIVER

Docket No. 6741.

46 Cal.App.3d 747 (1975)

120 Cal. Rptr. 368

THE PEOPLE, Plaintiff and Appellant, v. JOSEPH FRANCIS OLIVER, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

March 31, 1975.

Attorney(s) appearing for the Case

COUNSEL

Edwin L. Miller, Jr., District Attorney, Terry J. Knoepp and Rupert A. Linley, Deputy District Attorneys, for Plaintiff and Appellant.

David H. Barry and Edward M. Fox, under appointments by the Court of Appeal, for Defendant and Respondent.

OPINION

AULT, J.

The People appeal from the trial court's order granting defendant Joseph Francis Oliver a new trial after a jury convicted him of first degree robbery (Pen. Code, § 211) and found he used a firearm in the commission of the offense (Pen. Code, § 12022.5). We affirm the order because an improper, erroneous and prejudicial comment by the trial judge in the course of jury instructions deprived Oliver of a fair...

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