PEOPLE v. JAMES

Docket No. Crim. 19271.

19 Cal.3d 99 (1977)

561 P.2d 1135

137 Cal. Rptr. 447

THE PEOPLE, Plaintiff and Respondent, v. SAMUEL P. JAMES, Defendant and Appellant.

Supreme Court of California.

March 15, 1977.


Attorney(s) appearing for the Case

COUNSEL

Samuel P. James, in pro. per., Michael A. Kahn, under appointment by the Supreme Court, and Seymour I. Cohen, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Russell Iungerich, Edward T. Fogel, Jr., and Carol Wendelin Pollack, Deputy Attorneys General, for Plaintiff and Respondent.

John K. Van de Kamp, District Attorney (Los Angeles), Harry B. Sondheim and George M. Palmer, Deputy District Attorneys, as Amici Curiae on behalf of Plaintiff and Respondent.


OPINION

MOSK, J.

Defendant appeals from a judgment convicting him of two counts of first degree burglary, one count of second degree burglary, and one count of armed robbery.

At 1:10 a.m. on Friday, September 6, 1974, Verta Kirk began her nightly work as cleaning woman in a small office building in Los Angeles. Ten minutes later she came upon defendant in the second-floor hallway. He ordered her to "freeze," but she retreated...

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