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PEOPLE v. THURMAN

Docket No. 21617.

28 Cal.App.3d 725 (1972)

104 Cal. Rptr. 804

THE PEOPLE, Plaintiff and Appellant, v. OCIE LOVE THURMAN, Defendant and Respondent.

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

November 14, 1972.

Attorney(s) appearing for the Case

COUNSEL

Joseph P. Busch, District Attorney, Harry Wood and Robert J. Lord, Deputy District Attorneys, for Plaintiff and Appellant.

John N. Frolich for Defendant and Respondent.

OPINION

HERNDON, J.

The People appeal from an order granting the respondent a new trial after a jury had convicted him of robbery. The appeal is authorized by Penal Code section 1238, subdivision (a)(3).

The case of the prosecution to a very large extent rested upon the incriminating testimony given by one Williams, an accomplice to the crime. The motion for a new trial was made and granted upon the sole ground that,

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