PEOPLE v. ROGERS

Docket No. 3476.

164 Cal.App.2d 555 (1958)

331 P.2d 163

THE PEOPLE, Respondent, v. ROBERT H. ROGERS, Appellant.

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

October 27, 1958.


Attorney(s) appearing for the Case

John E. Benson, under appointment by the District Court of Appeal, and Alden McClelland for Appellant.

Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, Raymond M. Momboisse, Deputy Attorney General, J. Frank Coakley, District Attorney (Alameda), and Kiernan Hyland, Deputy District Attorney, for Respondent.


DRAPER, J.

A jury found defendant guilty of murder of the second degree, and he appeals from the ensuing judgment.

The homicide which is the basis of this prosecution occurred in the course of a fight between two groups. As is often true, neither defendant nor decedent participated in the quarrel which precipitated the fight.

Following a near collision of their automobiles, one Keiser and one Johnson exchanged angry remarks. The dispute occurred immediately...

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