PEOPLE v. McAULIFFE

Docket No. 5859.

154 Cal.App.2d 332 (1957)

316 P.2d 381

THE PEOPLE, Plaintiff and Appellant, v. RICHARD GILBERT McAULIFFE, Defendant and Appellant.

Court of Appeals of California, Second District, Division Three.

October 10, 1957.


Attorney(s) appearing for the Case

Edmund G. Brown, Attorney General, William E. James, Deputy Attorney General, Herbert C. Grundell, District Attorney (San Luis Obispo), and W.R. Fredman, Deputy District Attorney, for Plaintiff and Appellant.

Stanley T. Tomlinson and Chas. H. Lynch for Defendant and Appellant.


VALLÉE, J.

Defendant was charged with the murder of his uncle, John Thomas McAuliffe. He was tried by a jury which found he was guilty of first degree murder and fixed the penalty as life imprisonment. Defendant moved for a new trial and for reduction of the degree of the offense in accord with section 1181, subdivision 6, of the Penal Code. The court reduced the degree of the offense to second degree murder and denied the motion for a new trial. Defendant appeals...

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