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PEOPLE v. SMITH

Docket No. Crim. 5118.

36 Cal.2d 444 (1950)

224 P.2d 719

THE PEOPLE, Respondent, v. LOUIS FRANKLIN SMITH et al., Appellants.

Supreme Court of California. In Bank.

December 12, 1950.

Attorney(s) appearing for the Case

Kennedy Jackson, under appointment by the Supreme Court, for Appellants.

Fred N. Howser, Attorney General, and Doris H. Maier, Deputy Attorney General, for Respondent.

GIBSON, C.J.

Defendants Smith and Allen, inmates of Folsom prison, were charged with having assaulted Willard Borton, another inmate, in violation of Penal Code section 4500, which makes it a crime punishable with death for a person undergoing a life sentence to assault another with a deadly weapon. In a second count, defendants were charged with having murdered Borton. They were convicted on both counts and were separately sentenced to suffer the death penalty for...

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