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District Court of Appeal, Fourth District, California.


Cr. 289.

Decided: August 19, 1935

U. S. Webb, Atty. Gen., and John T. Holt, Deputy Dist. Atty., of San Diego, for the People. N. W. Hacker and George R. Baird, both of San Diego, for defendant.

This is a motion to affirm the judgment under the provisions of section 1253 of the Penal Code. The clerk's and the reporter's transcripts were filed in the office of the clerk of this court on July 18, 1935, and the case placed on the calendar called on August 15, 1935. At that time no appearance was made on behalf of defendant and no brief had been filed by him.

The motion is granted, and the judgment is affirmed.

MARKS, Acting Presiding Justice.

I concur: JENNINGS, J.

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