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PEOPLE v. BURTON

Docket No. 19302.

117 Cal.App.3d 382 (1981)

172 Cal. Rptr. 632

THE PEOPLE, Plaintiff and Respondent, v. GEORGE EDWARD BURTON, Defendant and Appellant.

Court of Appeals of California, First District, Division Four.

March 26, 1981.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, and James J. Nielsen, Deputy State Public Defender, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, John T. Murphy and Ina Levin Gyemant, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

CALDECOTT, P.J.

George Edward Burton appeals from a judgment of conviction, following a jury trial, of violation of Penal Code section 245, subdivision (a).

On July 5, 1977, appellant and the victim were employed as warehousemen on the receiving dock at Montgomery Ward. A disagreement arose between them and the victim was severely beaten by appellant with a lead pipe.

I

Appellant's first contention...

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