Quinlan

People v. Quinlan

Good Law
1970 Cal. App. LEXIS 2122·8 Cal. App. 3d 1063·88 Cal. Rptr. 125
Court of Appeal of CaliforniaJune 23, 1970Crim. 16148California2,627 words

Opinion

Opinion

Kingsley, J.

Defendant and codefendants Gerald Joseph Gallant, Jr., and Robert Higuera, were indicted by the grand jury charging all defendants with four counts of kidnaping (Pen. Code, § 207), two counts of assault with a deadly weapon (Pen. Code, § 245), three counts of robbery (Pen. Code, § 211), and one count of burglary (Pen. Code, § 459).

Defendant pled not guilty, and not guilty by reason of insanity to each count; after a trial by jury he was found guilty on each count, and the degree in counts VII through X (robbery and burglary) was fixed as second degree. Trial by jury on the insanity plea was waived and defendant was found to have been sane at the time of commission of the several offenses.

The effect of the verdicts and judgment was, thus, as follows: Defendant was convicted of: (count I) kidnaping Dorothy Warren while armed with a deadly weapon; (count II) kidnaping David Baro while armed with a deadly weapon; (count III) kidnaping Robert Moore while armed with a deadly weapon; (count IV) kidnaping Francis Svehla while armed with a deadly weapon; (count V) assault with a deadly weapon on David Baro; (count VI) assault with a deadly weapon on Robert Moore; (count VII)…

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