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PEOPLE v. MARTINA

Docket No. 3110.

140 Cal.App.2d 17 (1956)

294 P.2d 1015

THE PEOPLE, Respondent, v. MARIO JULIUS MARTINA, Appellant.

Court of Appeals of California, First District, Division One.

March 20, 1956.

Attorney(s) appearing for the Case

Joseph C. Haughey and Toland C. McGettigan for Appellant.

Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, and William M. Bennett, Deputy Attorney General, for Respondent.

BRAY, J.

Defendant appeals from a jury verdict judgment of conviction of murder in the second degree and from an order denying new trial.

QUESTIONS PRESENTED

1. Sufficiency of the evidence (a) that death was due to criminal means; (b) that defendant was the assailant.

2. Defendant acted while unconscious (a) as a matter of law; (b) instructions.

3. Alleged misconduct of district attorney.

4. Instructions and district attorney...

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