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PEOPLE v. SILVA

Docket No. Crim. 5534.

41 Cal.2d 778 (1953)

264 P.2d 27

THE PEOPLE, Respondent, v. JAMES FRANCIS SILVA, Appellant.

Supreme Court of California. In Bank.

December 17, 1953.

Attorney(s) appearing for the Case

Jerome A. Duffy and Morton R. Colvin for Appellant.

Edmund G. Brown, Attorney General, and Clarence A. Linn, Assistant Attorney General, for Respondent.

EDMONDS, J.

While confined in San Quentin Prison under a sentence of life imprisonment, James Francis Silva stabbed and seriously wounded Kenneth King, another inmate. A jury found Silva guilty of a violation of section 4500 of the Penal Code* and concluded that he was sane at the time the offense was committed. The statutory appeal (Pen. Code, § 1239b) is from the judgment imposing the death penalty and from an order denying a motion...

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