People v. Barr

Good Law
134 Cal. App. 383·1933 Cal. App. LEXIS 37·25 P.2d 503
Court of Appeal of CaliforniaSeptember 28, 1933Docket No. 2412.California2,695 words

Opinion

lead Opinion

Archbald, J.

Appellants Eckelberry and Marsiglia, together with defendants Barr, Griffith, Woodington and Lewis, were jointly charged in an information filed by the district attorney with conspiracy to commit a felony, in count I, burglary, in count II, robbery, in count III, and grand theft, in counts IV and V. On the same day another information was filed charging appellants Lawler and Denniston and defendant Laughlin with the same crimes, and in count VI of said second information with receiving stolen property. The first information also charged a prior conviction of felony as against Marsiglia, and the second a prior conviction against Lawler, which prior convictions were admitted. The charges under the two informations were consolidated for trial. Marsiglia, Eekelberry and Lawler pleaded not guilty, waived jury and were found guilty by the court on counts I and III of the first information mentioned, and defendant Lawler on counts I and III of the second, the other counts being dismissed. They have filed separate appeals from the judgments of conviction and from the orders denying their motions for a new trial.

Appellant Denniston withdrew his plea of not guilty and pleaded guilty as to…

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