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PEOPLE v. DUNCAN

Docket No. Crim. 6490.

53 Cal.2d 803 (1960)

350 P.2d 103

3 Cal. Rptr. 351

THE PEOPLE, Respondent, v. ELIZABETH ANN DUNCAN, Appellant.

Supreme Court of California. In Bank.

March 11, 1960.

Attorney(s) appearing for the Case

Frank Duncan, Leonard Nasatir, Ward Sullivan and Burt M. Henson for Appellant.

A.L. Wirin, Gerald L. Rosen and Richard L. Lissner as Amici Curiae on behalf of Appellant.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and Roy A. Gustafson, District Attorney (Ventura), for Respondent.

GIBSON, C.J.

Luis Moya and Augustine Baldonado confessed to the police that they had killed Olga Duncan, the wife of defendant's son Frank, and in their confessions stated that defendant had hired them to do the killing. The three were indicted for murder and tried separately. Defendant pleaded not guilty and not guilty by reason of insanity. The jury found her guilty of murder in the first degree and fixed the punishment at death. Pursuant to stipulation, the court...

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