Defendant, David Kenneth Kurtzman, appealed from a judgment of second degree murder, contending that his conviction was tainted by the trial court's comments to the jury, during deliberations, that it must unanimously agree on whether defendant was guilty of second degree murder before "considering" voluntary manslaughter. We conclude that our decision in Stone v. Superior Court (1982)
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PEOPLE v. KURTZMAN
46 Cal.3d 322 (1988)
758 P.2d 572
250 Cal. Rptr. 244
THE PEOPLE, Plaintiff and Respondent, v. DAVID KENNETH KURTZMAN, Defendant and Appellant.
Supreme Court of California.https://leagle.com/images/logo.png
August 18, 1988.
August 18, 1988.
Attorney(s) appearing for the Case
Peter A. Dullea and Terrence L. Cannon for Defendant and Appellant.
Caryl Warner, William Swearinger, Janet McGinnis, John E. Dannenberg, Harvey R. Zall, State Public Defender, and Bruce E. Cohen, Deputy State Public Defender, as Amici Curiae on behalf of Defendant and Appellant.
John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, Paul C. Ament and David F. Glassman, Deputy Attorneys General, for Plaintiff and Respondent.
Ira Reiner, District Attorney (Los Angeles), Harry B. Sondheim and Brent Riggs, Deputy District Attorneys, as Amici Curiae on behalf of Plaintiff and Respondent.
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