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PEOPLE v. MILLER

Docket No. Crim. 5228.

37 Cal.2d 801 (1951)

236 P.2d 137

THE PEOPLE, Respondent, v. DOIL MILLER et al., Appellants.

Supreme Court of California. In Bank.

October 15, 1951.

Attorney(s) appearing for the Case

Milner J. Anderson and Joseph R. Rankin, under appointment by the Supreme Court, for Appellants.

Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, J.F. Coakley, District Attorney, and Folger Emerson, Assistant District Attorney, for Respondent.

SPENCE, J.

Defendants Weathers, Miller and Dusseldorf were accused jointly of the murder of George Gaertner on October 14, 1949, in the County of Alameda. Dusseldorf was also charged with three prior felony convictions. Upon arraignment, all three defendants entered separate pleas of not guilty. Dusseldorf then stood mute as to the alleged priors but he admitted them at the time of trial. After a joint trial before a jury, verdicts were returned acquitting Weathers...

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