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PEOPLE v. AVERY

Docket No. Crim. 5064.

35 Cal.2d 487 (1950)

218 P.2d 527

THE PEOPLE, Respondent, v. HERMAN AVERY, Appellant.

Supreme Court of California. In Bank.

May 26, 1950.

Attorney(s) appearing for the Case

Morey S. Levenson and Byron F. Lindsley, under appointment by the Supreme Court, for Appellant.

Fred N. Howser, Attorney General, Walter L. Bowers, Assistant Attorney General, and Frank Richards, Deputy Attorney General, for Respondent.

SHENK, J.

This is an appeal from a judgment following the conviction of the defendant of first-degree murder and imposing the death penalty.

Defendant Herman Avery was charged by information with the murder of two persons — his wife, Catherine Neal Avery, and his mother-in-law, Estella Neal. The trial court appointed counsel for him. He pleaded not guilty and was tried before a jury. The jury found him guilty...

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