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PEOPLE v. DeVAUGHN

Docket Nos. Crim. 19468, 19469.

18 Cal.3d 889 (1977)

558 P.2d 872

135 Cal. Rptr. 786

THE PEOPLE, Plaintiff and Respondent, v. MARK ALLEN DeVAUGHN, Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent, v. TIMOTHY LEWIS DeVAUGHN, Defendant and Appellant.

Supreme Court of California.

January 25, 1977.

Attorney(s) appearing for the Case

COUNSEL

David E. Kenner and Mel Albaum, under appointment by the Supreme Court, and Walter King, for Defendants and Appellants.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Shunji Asari, Edward T. Fogel, Jr., Penina S. Van Gelder and William V. Ballough, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

WRIGHT, C.J.

Defendants Mark Allen DeVaughn and his brother Timothy Lewis DeVaughn appeal from judgments of conviction of burglary in the second degree. (Pen. Code, §§ 459, 460.)1 Both defendants contend that their initial detentions and ensuing arrests were illegal; that extrajudicial statements constituting confessions were obtained as a result of illegal police conduct; and that the...

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