Lazard

People v. Lazard

Good Law
1964 Cal. App. LEXIS 993·229 Cal. App. 2d 347·40 Cal. Rptr. 358
Court of Appeal of CaliforniaAugust 21, 1964Crim. 9081California668 words

Opinion

Opinion

Roth, J.

The evidence in this case abundantly justifies a verdict of guilty for a violation of Penal Code, section 211, by appellant who also admitted three prior felony convictions.

Appellant urges however that a reversal is required because of a technical noncompliance with section 1127 of the Penal Code. This section reads:

The record before us augmented to include the entire file of the superior court, contains all the instructions which must be considered adequate for the protection of appellant’s rights. These instructions in the file are topped by a pink binder containing in print the title of the court and cause with a subheading at the left with the printed words:

The pink binder is signed by the trial judge.

Attached to and following the pink slip are 15 instructions, all requested by the People. No instructions were requested by appellant. The said instructions are variously numbered. Each one is signed by the trial judge on the line in the right-hand corner at the bottom thereof provided for that purpose. Bach instruction has printed in the lower righthand portion thereof extending from line 32 to line 37 the following:

The instruction which immediately follows the pink…

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