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PEOPLE v. ORTEGA

Docket No. Crim. 5483.

41 Cal.2d 621 (1953)

262 P.2d 2

THE PEOPLE, Respondent, v. FLORENTINO ORTEGA, Appellant.

Supreme Court of California. In Bank.

October 20, 1953.

Attorney(s) appearing for the Case

Ellery E. Cuff, Public Defender, and Noel B. Martin, Deputy Public Defender, for Appellant.

Edmund G. Brown, Attorney General, and Elizabeth Miller, Deputy Attorney General, for Respondent.

EDMONDS, J.

The trial court, sitting without a jury, found Florentino Ortega guilty of murder in the first degree and of three counts of robbery, and concluded that he was sane at the time the offenses were committed. The appeal from the judgment imposing the death penalty is automatic. (Pen. Code, § 1239b.)

The murder occurred during the course of a robbery by Ortega of a liquor store owned by Irving Oren....

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