People v. O'Donnell (1938)

11 Cal.2d 666 (1938)

THE PEOPLE, Respondent,

v.

CHARLES O'DONNELL, Appellant.

Crim. No. 4134.

Supreme Court of California. In Bank.

July 28, 1938.

Wm. L. Southwell, Peter J. Mullins and P. J. Murphy for Appellant.

U.S. Webb, Attorney-General, and Seibert L. Sefton, Deputy Attorney- General, for Respondent.

THE COURT.

This case was heard and decided by the District Court of Appeal, First Appellate District, Division One. Thereafter a hearing was granted by this court, and we now adopt portions of the opinion of Mr. Presiding Justice Tyler, with certain additions, as the opinion of this court:

"Appellant…