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PEOPLE v. DORADO

Docket No. Crim. 7468.

62 Cal.2d 338 (1965)

398 P.2d 361

42 Cal. Rptr. 169

THE PEOPLE, Plaintiff and Respondent, v. ROBERT B. DORADO, Defendant and Appellant.

Supreme Court of California. In Bank.

January 29, 1965.

Attorney(s) appearing for the Case

Edward L. Cragen, under appointment by the Supreme Court, for Defendant and Appellant.

Robert H. Lund, E. Fred Lightner, William T. Pillsbury, David H. Battin, Jim F. Kingham, Frederick D. Smith, Doris Brin Walker, Malcolm Burnstein, Aubrey Grossman, James Herndon, Harry Margolis, Donald L.A. Kerson, George T. Davis, Earl Klein, Erling J. Hovden, Public Defender (Los Angeles), John M. Moore and James L. McCormick, Deputy Public Defenders, as Amici Curiae on behalf of Defendant and Appellant.

Stanley Mosk and Thomas C. Lynch, Attorneys General, Arlo E. Smith, Chief Assistant Attorney General, William E. James, Assistant Attorney General, Albert W. Harris, Jr., Robert R. Granucci, Michael R. Marron, Charles W. Rumph and Paul N. Wenger, Deputy Attorneys General, and Bruce B. Bales, District Attorney (Marin), for Plaintiff and Respondent.

Joseph A. Ball as Amicus Curiae on behalf of Plaintiff and Respondent.

Edward L. Barrett, Jr., as Amicus Curiae, upon the request of Chief Justice Traynor.

TOBRINER, J.

Defendant appeals from a judgment on a verdict finding him guilty of violation of Penal Code section 4500, which provides for the automatic penalty of death. The indictment charged defendant, a 26-year-old prisoner serving a life term for sale of marijuana, with malicious assault with a deadly weapon which resulted in a fellow prisoner's death. The court denied defendant's motion for a new trial. Penal Code section 1239, subdivision (b), provides for...

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