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PEOPLE v. MATLOCK

Docket No. Crim. 6227.

51 Cal.2d 682 (1959)

336 P.2d 505

THE PEOPLE, Respondent, v. EARL FERNANDO MATLOCK, Appellant.

Supreme Court of California. In Bank.

March 10, 1959.

Attorney(s) appearing for the Case

Phil H. Curry, under appointment by the Supreme Court, for Appellant.

Edmund G. Brown, Attorney General, and Norman H. Sokolow, Deputy Attorney General, for Respondent.

SCHAUER, J.

A jury found defendant guilty of murder of the first degree and robbery of the second degree and fixed the penalty on the murder count at death. This is an appeal (pursuant to Pen. Code, § 1239, subd. (b)) from the ensuing judgment and from an order denying defendant's motion for new trial. The theory of the defense was that defendant did not murder his victim, Max Shayne, in the perpetration of robbery but, rather, acted solely at the request of...

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