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PEOPLE v. LOVE

Docket No. Crim. 6786.

56 Cal.2d 720 (1961)

366 P.2d 33

16 Cal. Rptr. 777

THE PEOPLE, Plaintiff and Respondent, v. ALBERT ERNEST LOVE, Defendant and Appellant.

Supreme Court of California. In Bank.

November 2, 1961.

Attorney(s) appearing for the Case

Carl B. Shapiro, under appointment by the Supreme Court, for Defendant and Appellant.

Stanley Mosk, Attorney General, Doris H. Maier, Assistant Attorney General, and Raymond M. Momboisse, Deputy Attorney General, for Plaintiff and Respondent.

TRAYNOR, J.

For the third time a jury has fixed defendant's penalty at death for the murder of his wife. He was first tried in 1958. The jury found him guilty but could not agree on the penalty. A second jury fixed the penalty at death; but the trial court granted a new trial on the ground of newly discovered evidence, and we affirmed. (People v. Love, 51 Cal.2d 751 [336 P.2d 169

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