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PEOPLE v. MOORE

Docket No. Crim. 6553.

53 Cal.2d 451 (1960)

348 P.2d 584

2 Cal. Rptr. 6

THE PEOPLE, Appellant, v. WILLIAM GERALD MOORE, JR., Respondent.

Supreme Court of California. In Bank.

January 22, 1960.

Attorney(s) appearing for the Case

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and Lowell E. Lathrop, District Attorney (San Bernardino) for Appellant.

John C. McCarthy, under appointment by the Supreme Court, for Respondent.

SPENCE, J.

The People appeal from an order modifying the verdict by reducing the punishment imposed for defendant's crime, murder in the first degree, from death to life imprisonment. (Pen. Code, § 1238, subd. 6.) The trial court made the order of modification in passing upon defendant's motion for a new trial. At that time both defendant's motion for a new trial and his motion to reduce the degree of his crime were denied, but defendant does not appeal. We have...

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