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PEOPLE v. GUTIERREZ

Docket No. Crim. 5082.

35 Cal.2d 721 (1950)

221 P.2d 22

THE PEOPLE, Respondent, v. PAUL GUTIERREZ, Appellant.

Supreme Court of California. In Bank.

August 11, 1950.

Attorney(s) appearing for the Case

Margolis and McTernan, Ben Margolis, William B. Murrish, Lawrence Kennedy, Wm. C. Meux and John J. Gallagher for Appellant.

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

CARTER, J.

The defendant, Paul Gutierrez, having waived a jury, was tried by the court, found guilty of murder in the first degree and was given the death sentence. The defendant was charged with having murdered one Josephine Yanez, a human being, to which charge he pleaded not guilty and not guilty by reason of insanity.

[1] On the evening of November 19, 1949, Mr. and Mrs. Jose Yanez and their two...

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