A jury found defendant Westoby guilty of violating Penal Code section 12303.2, in that he did "recklessly or maliciously have in his possession a destructive device and explosive on a public street and highway, and near a private habitation, and in a public place ordinarily passed by human beings." The jury had found him not guilty of the lesser and included offense proscribed by Health and Safety Code
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PEOPLE v. WESTOBY
Docket No. 15149.
63 Cal.App.3d 790 (1976)
134 Cal. Rptr. 97
THE PEOPLE, Plaintiff and Respondent, v. GILBERT WESTOBY III, Defendant and Appellant.
Court of Appeals of California, First District, Division One.https://leagle.com/images/logo.png
November 16, 1976.
November 16, 1976.
Attorney(s) appearing for the Case
Mervin Cherrin, under appointment by the Court of Appeal, for Defendant and Appellant.
Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, W. Eric Collins and Linda Ludlow, Deputy Attorneys General, for Plaintiff and Respondent.
Court of Appeals of California, First District, Division One.
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