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FINLEY v. PEOPLE

No. 15.

222 U.S. 28 (1911)

FINLEY v. PEOPLE OF THE STATE OF CALIFORNIA.

Supreme Court of United States.

Decided November 6, 1911.

Attorney(s) appearing for the Case

Mr. C.C. Calhoun, Mr. James M. Sharp, Mr. H.G.W. Dinkelspiel, Mr. Samuel T. Bush and Mr. G.C. Ringolsky for plaintiff in error, submitted.

Mr. E.B. Power, with whom Mr. U.S. Webb, Attorney General of the State of California, was on the brief, for defendant in error.

Memorandum opinion, by direction of the court, by MR. JUSTICE McKENNA.

Section 246 of the Penal Code of the State of California provides as follows: "Every person undergoing a life sentence in a state prison of this State, who, with malice aforethought, commits an assault upon the person of another with a deadly weapon or instrument, or by any means or force likely to produce great bodily injury, is punishable with death....

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