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PEOPLE v. AVINGTON

Docket No. 4309.

221 Cal.App.2d 273 (1963)

34 Cal. Rptr. 424

THE PEOPLE, Plaintiff and Respondent, v. HARRY AVINGTON, Defendant and Appellant.

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

October 16, 1963.

Attorney(s) appearing for the Case

Wilmont Sweeney and Metoyer, Sweeney & Broussard, under appointment by the District Court of Appeal, for Defendant and Appellant.

Stanley Mosk, Attorney General, Albert W. Harris, Jr., and Royce H. Schulz, Deputy Attorneys General, for Plaintiff and Respondent.

SHOEMAKER, J.

Defendant Harry Avington was convicted after trial by jury of violation of Penal Code, section 270. Defendant appeals from the judgment of conviction and from the order denying his motion for new trial. The latter order is no longer appealable. (Pen. Code, § 1237.)

The record shows that Clara Avington, the wife, was the sole witness for the prosecution; that five children were born of the marriage; that under an interlocutory decree of divorce...

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