PEOPLE v. BURWELL

Docket No. Crim. 5486.

44 Cal.2d 16 (1955)

279 P.2d 744

THE PEOPLE, Respondent, v. EUGENE BURWELL et al., Appellants.

Supreme Court of California. In Bank.

February 1, 1955.


Attorney(s) appearing for the Case

Adams & Reynolds, John Adams, Jr., and R.J. Reynolds for Appellant Burwell.

Walter F. Freitas and S.J. Hugh Allen, appointed by the Supreme Court, for Appellant Rogers.

Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, Arlo E. Smith, Deputy Attorney General, and W.O. Weissich, District Attorney (Marin) for Respondent.


SHENK, J.

Eugene Burwell and James A. Rogers, inmates of the state prison at San Quentin, were charged with murdering two San Quentin guards, Charles W. Wiget and Vern A. Mackin. Verdicts of conviction without recommendation as to penalty were returned by the jury and death sentences were imposed. There is here an appeal from the judgment of conviction and from an order denying a motion for a new trial as to each defendant.

The defendant Burwell was the chief...

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