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PEOPLE v. DYKES

Docket No. 10309.

243 Cal.App.2d 572 (1966)

52 Cal. Rptr. 537

THE PEOPLE, Plaintiff and Respondent, v. LEROY EUGENE DYKES, JR., Defendant and Appellant.

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

July 22, 1966.

Attorney(s) appearing for the Case

Michael Cullen, under appointment by the District Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Charles R. Kocher, Deputy Attorney General, for Plaintiff and Respondent.

SHINN, P.J.

Jointly accused of armed robbery, Leroy Eugene Dykes, Jr., and Ruben Frank Dorrough, Jr., were tried without jury; Dorrough was acquitted; Dykes was convicted and appeals; we appointed counsel.

The grounds of appeal are that the court erred in the receipt of evidence of Dykes' silence in the face of an accusatory statement; also that it was error to receive evidence of Dykes' withdrawn plea of guilty.

At 1 a.m., while parked in the Star...

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