[Download] "People v. Ramsey" by Second Appellate District, Division Three Court of Appeal of California # Book PDF Kindle ePub Free

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eBook details

• Title: People v. Ramsey
• Author : Second Appellate District, Division Three Court of Appeal of California
• Release Date : January 25, 1969
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Defendant Hygh and a codefendant, Ross, were each charged by information with two counts of robbery in violation of Penal Code section 211, with two counts of kidnaping for the purpose of robbery in violation of Penal Code section 209, and defendant Ross was charged with receiving stolen property in violation of Penal Code section 496. After a second trial by jury (following an initial mistrial because the jury was unable to reach a verdict) each defendant was found "guilty" of both of the robbery counts and the degree was set as first; each defendant was found "guilty" of one but "not guilty" of the other kidnaping for robbery count; and defendant Ross was found "not guilty" of the count for receiving stolen property. The trial judge reduced the guilty verdict of kidnaping for robbery to a violation of Penal Code section 207, as a lesser but necessarily included offense. Each defendant was sentenced to the state prison for the term prescribed by law on one of the robbery counts. The court stayed execution of judgment on the remaining two counts (robbery and kidnaping), such stays to become permanent upon the completion of time served under the robbery count. Both defendants filed timely notices of appeal. However, defendant Ross did not file an opening brief, and we dismissed his appeal under rule 17(a) of the California Rules of Court on September 6, 1968. Defendant Hygh appeals from the judgment of conviction and from the denial of his motion for new trial.

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