PEOPLE v. GORSHEN

Docket No. Crim. 6310.

51 Cal.2d 716 (1959)

336 P.2d 492

THE PEOPLE, Respondent, v. NICHOLAS GORSHEN, Appellant.

Supreme Court of California. In Bank.

March 11, 1959.


Attorney(s) appearing for the Case

Garry, Dreyfus, McTernan & Keller, Benjamin Dreyfus and Charles R. Garry for Appellant.

George G. Olshausen as Amicus Curiae on behalf of Appellant.

Edmund G. Brown, Attorney General, Clarence A. Linn, Chief Assistant Attorney General, and Victor Griffith, Deputy Attorney General, for Respondent.


SCHAUER, J.

Defendant pleaded not guilty to a charge of murder. Trial by jury was waived (as authorized by Cal. Const., art. I, § 7) and the court (see Pen. Code, § 1167) found defendant guilty of second degree murder. Defendant appeals from the ensuing judgment. He urges that uncontradicted psychiatric testimony, accepted by the trial court, establishes that defendant did not intend to take human life or, at least...

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