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PEOPLE v. LINDEN

Docket No. Crim. 6191.

52 Cal.2d 1 (1959)

338 P.2d 397

THE PEOPLE, Respondent, v. MARION JAMES LINDEN, Appellant.

Supreme Court of California. In Bank.

April 22, 1959.

Attorney(s) appearing for the Case

Frank Heller, under appointment by the Supreme Court, and Lester M. Fleischner for Appellant. Additional briefs, by permission of the court, were filed by the Appellant pro se.

Edmund G. Brown, Attorney General, William E. James and Herschel T. Elkins, Deputy Attorneys General, for Respondent.

SCHAUER, J.

This is an appeal (Pen. Code, § 1239, subd. (b)) from a judgment which, pursuant to jury verdict, imposes the death penalty for the first degree murder of Leo Wise, and from an order denying defendant's motion for new trial. Most of the problems here presented arise because defendant, from the inception of this lawsuit, has taken the position that the right to counsel includes the rights to be furnished a court-appointed attorney to act in such varying...

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