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PEOPLE v. COSTA

Docket No. 8423.

218 Cal.App.2d 310 (1963)

32 Cal. Rptr. 374

THE PEOPLE, Plaintiff and Respondent, v. WILLIAM EDWARD COSTA, Defendant and Appellant.

Court of Appeals of California, Second District, Division One.

July 15, 1963.

Attorney(s) appearing for the Case

Roger M. Sullivan, under appointment by the District Court of Appeal, for Defendant and Appellant.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and A. Wallace Tashima, Deputy Attorney General, for Plaintiff and Respondent.

WOOD, P.J.

In a jury trial defendant Costa was convicted of first degree robbery. [1] He appeals from the judgment, and from the order denying his motion for a new trial. Such an order is not appealable.

Appellant contends that the court erred in failing to give certain instructions regarding circumstantial evidence, included lesser offense, self-defense, and a dangerous weapon.

[2a] Mr. Johnson (the victim) was playing cards...

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