People v. Utter

Opinion

JEFFERSON, Acting P. J.

Thomas Edward Utter was charged with (count I) murder (Pen. Code, § 187), (count II) robbery (Pen. Code, § 211) and three counts (counts III, IV and V) of grand theft (Pen. Code, § 487, subd. 1). With respect to the charges of murder and robbery and one count of grand theft, it was alleged that the defendant was armed with a 9 mm. Browning pistol. The defendant’s motion to suppress evidence (Pen. Code, § 1538.5) was denied. Defendant pleaded not guilty and was tried by a jury. His motion for acquittal (Pen. Code, § 1118.1) was granted as to one count (count III)…