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PEOPLE v. DEPTULA

Docket No. Crim. 7069.

58 Cal.2d 225 (1962)

373 P.2d 430

23 Cal. Rptr. 366

THE PEOPLE, Plaintiff and Respondent, v. JOHN JOSEPH DEPTULA, Defendant and Appellant.

Supreme Court of California. In Bank.

July 24, 1962.

Attorney(s) appearing for the Case

Ellery E. Cuff, Public Defender, Maxwell M. Spencer and James L. McCormick, Deputy Public Defenders, for Defendant and Appellant.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and Jack E. Goertzen, Deputy Attorney General, for Plaintiff and Respondent.

GIBSON, C.J.

Defendant was charged by information with the murder of Roger Allen Mosser, and after a psychiatrist appointed by the court had reported that defendant was legally sane, he entered a plea of guilty and waived a jury trial. The court determined that the murder was committed in the perpetration of both burglary and robbery and was therefore murder of the first degree.1 The issue of penalty was then tried, and the court fixed...

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