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PEOPLE v. SUTIC

Docket No. Crim. 5430.

41 Cal.2d 483 (1953)

261 P.2d 241

THE PEOPLE, Respondent, v. JOHN SUTIC, Appellant.

Supreme Court of California. In Bank.

September 22, 1953.

Attorney(s) appearing for the Case

Donald D. Boscoe, under appointment by the Supreme Court, Willens & Boscoe and Richard J. Gibson, for Appellant.

Edmund G. Brown, Attorney General, Doris H. Maier, Deputy Attorney General, Chester E. Watson, District Attorney (San Joaquin), and Richard E. Johnson, Deputy District Attorney, for Respondent.

SPENCE, J.

Defendant was charged by information with the murder of Lading Borellano, Jr. He pleaded not guilty. At the trial he neither testified nor produced any witnesses. The jury returned a verdict of first degree murder, without recommendation, based wholly on circumstantial evidence. Motions for a new trial and for a reduction of the verdict to second degree murder were denied. Judgment was thereafter pronounced and...

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