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PEOPLE v. OTIS

Docket No. 3640.

174 Cal.App.2d 119 (1959)

344 P.2d 342

THE PEOPLE, Respondent, v. GILBERT LLOYD OTIS, Appellant.

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

September 29, 1959.

Attorney(s) appearing for the Case

Werner D. Meyenberg, under appointment by the District Court of Appeal, for Appellant.

Stanley Mosk, Attorney General, Clarence A. Linn, Assistant Attorney General, and Peter T. Kennedy, Deputy Attorney General, for Respondent.

TOBRINER, J.

Appellant here cannot properly complain of the court's failure to instruct that fear of serious bodily harm constitutes duress if neither the instruction, nor the facts of the case itself, compose a present, active and immediate peril of such harm. Nor does the fact that a witness stated that "[a]s far as I could gather" an overheard conversation referred to a particular matter necessarily render the testimony...

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