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PEOPLE v. POLLEY

Docket No. 15316.

147 Cal.App.3d 1088 (1983)

195 Cal. Rptr. 496

THE PEOPLE, Plaintiff and Respondent, v. STEPHEN LEWIS POLLEY, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

October 13, 1983.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, Jeffrey J. Stuetz, Deputy State Public Defender, and Martha Schwartzmann for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steven H. Zeigen and Josephine A. Kiernan, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BROWN (Gerald), P.J.

Stephen Polley appeals his conviction of first degree murder, contending the superior court erred in refusing to instruct the jury on involuntary manslaughter, in giving an improper definition of malice and in allowing a photograph of the victim's heart into evidence.

In October 1981 Polley and his wife Maria separated. In December 1981 Maria moved into a new residence; in an attempt to hide from...

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