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PEOPLE v. OSBORN

Docket No. Crim. 5169.

37 Cal.2d 380 (1951)

231 P.2d 850

THE PEOPLE, Respondent, v. CLAUDE L. OSBORN, Appellant.

Supreme Court of California. In Bank.

June 5, 1951.

Attorney(s) appearing for the Case

N. Lindsay South for Appellant.

Fred N. Howser and Edmund G. Brown, Attorneys General, and Clarence A. Linn and Gail Strader, Deputy Attorneys General, for Respondent.

SPENCE, J.

Defendant was charged with the murder of Ejnar Thorwald Asmussen, which murder was alleged to have occurred in Fresno County on or about April 10, 1950. He pleaded not guilty and admitted a prior felony conviction in Washington of second degree assault. Upon a trial by jury, defendant was found guilty of first degree murder without recommendation. No motion for new trial was made and judgment was entered imposing the extreme penalty. This is an automatic...

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