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PEOPLE v. DANIELLY

Docket No. Crim. 4812.

33 Cal.2d 362 (1949)

202 P.2d 18

THE PEOPLE, Respondent, v. EWELL LEE DANIELLY, Appellant.

Supreme Court of California. In Bank.

January 25, 1949.

Attorney(s) appearing for the Case

Ernest Spagnoli for Appellant.

Fred N. Howser, Attorney General, David K. Lener, Deputy Attorney General, Edmund G. Brown, District Attorney, and Vincent J. Mullins, Assistant District Attorney, for Respondent.

SCHAUER, J.

Defendant was charged with the murder of his wife and with assault upon his wife's friend, Mrs. Elva Sam, with intent to commit murder. To each charge he pleaded not guilty and not guilty by reason of insanity. Upon trial of the general issue a jury found that he was guilty of each offense and that the murder was of the first degree. The verdict upon the murder count was silent as to penalty. The issue raised by defendant's plea of not guilty by reason...

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