PEOPLE v. BARD

Docket No. Crim. 12581.

70 Cal.2d 3 (1968)

447 P.2d 939

73 Cal. Rptr. 547

THE PEOPLE, Plaintiff and Respondent, v. KENNETH EARL BARD II, Defendant and Appellant.

Supreme Court of California. In Bank.

December 20, 1968.


Attorney(s) appearing for the Case

Mitchell W. Egers, under appointment by the Supreme Court, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, Philip M. Rosten and Jerold A. Prod, Deputy Attorneys General, for Plaintiff and Respondent.


McCOMB, J.

By information defendant was charged with burglary, in violation of section 459 of the Penal Code, in that he entered a residence in the City of Downey with the intent to commit rape. After a trial before the court, he was found guilty and the degree of the burglary was found to be the first. Probation was granted, and defendant appeals from the judgment (order granting probation).

Facts: At approximately 2:55 a.m. on May 16, 1967, Miss E...

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