PEOPLE v. LEW

Docket No. Crim. 11877.

68 Cal.2d 774 (1968)

441 P.2d 942

69 Cal. Rptr. 102

THE PEOPLE, Plaintiff and Respondent, v. JOHNNY BOCKTUNE LEW, Defendant and Appellant.

Supreme Court of California. In Bank.

June 25, 1968.


Attorney(s) appearing for the Case

Cooper & Nelsen, Ned R. Nelsen and Richard M. Moore for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Thomas Kerrigan, Deputy Attorney General, for Plaintiff and Respondent.


MOSK, J.

Defendant Johnny Bocktune Lew appeals from a judgment of conviction entered upon a jury verdict finding him guilty of second degree murder. He contends that the trial court erroneously allowed into evidence certain hearsay statements to show the state of mind of the victim, Karen Gervasi, at the time of her death. We have concluded that the statements should not have been admitted, and, since the error was plainly...

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