PEOPLE v. SHELTON

Docket No. 12523.

251 Cal.App.2d 618 (1967)

59 Cal. Rptr. 697

THE PEOPLE, Plaintiff and Respondent, v. OTIS L. SHELTON, Defendant and Appellant.

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

June 6, 1967.


Attorney(s) appearing for the Case

Richard Allan Weiss, under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Robert R. Granucci and Charles R.B. Kirk, Deputy Attorneys General, for Plaintiff and Respondent.


LILLIE, J.

Defendant was charged in count I of an information with armed robbery (Pen. Code, § 211) and in count II with grand theft (Pen. Code, § 487, subd. (3)). The jury returned a verdict of guilt on the armed robbery charge and of acquittal on count II. Defendant moved to reduce the offense to second degree robbery; the motion was denied. He appeals from the judgment.

In the evening of January 27, 1966, defendant was sitting in a bar a few stools...

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