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PEOPLE v. WATERS

Docket No. A025020.

163 Cal.App.3d 935 (1985)

209 Cal. Rptr. 661

THE PEOPLE, Plaintiff and Respondent, v. DALLAS MOONCHILD WATERS, Defendant and Appellant.

Court of Appeals of California, Sixth District.

January 18, 1985.

Attorney(s) appearing for the Case

COUNSEL

Leslie E. Neve, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Herbert F. Wilkinson and Margo J. Chinn, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.1]

OPINION

BRAUER, J.

A jury convicted defendant of escape from a county jail in violation of Penal Code section 4532, subdivision (a). He was sentenced to one year and one day in state prison. At trial, he raised the affirmative defense of necessity; and he appeals claiming error in an instruction that he had the burden of establishing the defense by...

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