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PEOPLE v. WELLS

Docket No. Crim. 4840.

33 Cal.2d 330 (1949)

202 P.2d 53

THE PEOPLE, Respondent, v. WESLEY ROBERT WELLS, Appellant.

Supreme Court of California. In Bank.

January 25, 1949.

Attorney(s) appearing for the Case

Philip C. Wilkins and C.K. Curtright for Appellant.

Fred N. Howser, Attorney General, David K. Lener, Clarence A. Linn, Deputy Attorneys General, John Quincy Brown, District Attorney, Albert H. Mundt, Chief Deputy District Attorney, and Oscar A. Kistle, Deputy District Attorney, for Respondent.

SCHAUER, J.

Wesley Robert Wells appeals from a judgment entered upon a jury verdict that he is guilty of violation of section 4500 of the Penal Code, and from an order denying his motion for new trial. Section 4500 provides that certain kinds of assault committed by life-term prisoners "with malice aforethought" are capital offenses. Defendant contends: (1) Section 4500 was never intended to apply to persons, such as he, serving an unfixed, indeterminate sentence...

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