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PEOPLE v. YEATS

Docket No. 7951.

66 Cal.App.3d 874 (1977)

136 Cal. Rptr. 243

THE PEOPLE, Plaintiff and Respondent, v. CHARLES EDWARD YEATS, Defendant and Appellant.

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

February 7, 1977.

Attorney(s) appearing for the Case

COUNSEL

Stanley P. Berg, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Harley D. Mayfield and Alan S. Meth, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GARDNER, P.J.

The defendant was convicted by a jury of assault by means of force likely to produce great bodily injury. (Pen. Code, § 245.) He appeals from the ensuing judgment (state prison sentence). (Pen. Code, § 1237.) The main issue presented is whether the crime of battery (Pen. Code, § 242) is included within the offense charged (Pen. Code, § 245). Although the issue is not one of first impression...

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