PEOPLE v. BALDONADO

Docket No. Crim. 6489.

53 Cal.2d 824 (1960)

350 P.2d 115

3 Cal. Rptr. 363

THE PEOPLE, Respondent, v. AUGUSTINE BALDONADO, Appellant.

Supreme Court of California. In Bank.

March 11, 1960.


Attorney(s) appearing for the Case

John R. Danch, under appointment by the Supreme Court, 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.

Defendant and Luis Moya were indicted jointly with Elizabeth Duncan for the murder of her daughter-in-law, Olga Duncan. Defendant pleaded guilty to murder in the first degree, and upon a trial by jury on the sole issue of penalty, his punishment was fixed at death. His motion for a new trial was denied, and the appeal comes to us automatically under subdivision (b) of section 1239 of the Penal Code.

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