PEOPLE v. ROSOTO

Docket No. Crim. 6862.

58 Cal.2d 304 (1962)

373 P.2d 867

23 Cal. Rptr. 779

THE PEOPLE, Plaintiff and Respondent, v. JOSEPH ROSOTO, JOHN FRANK VLAHOVICH and DONALD GLEN FRANKLIN, Defendants and Appellants.

Supreme Court of California. In Bank.

August 2, 1962.


Attorney(s) appearing for the Case

A.L. Wirin, Paul M. Posner, Samuel Dreizen and Robert L. Corfman, under appointment by the Supreme Court, and Rice & Rice, David Rice and Samuel K. Rice for Defendants and Appellants.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and Gordon Ringer, Deputy Attorney General, for Plaintiff and Respondent.


McCOMB, J.

These are automatic appeals from judgments of guilty of murder in the first degree setting the penalty at death.

On March 9, 1957, shortly after it was closed at 2 a.m., the bar of the South Seas Restaurant in Anaheim, California, was robbed by armed bandits. Defendant Rosoto (hereinafter referred to as "Rosoto"), Michael Rosoto (Rosoto's half-brother, hereinafter referred to as "Michael"), Thomas Wearen Jenkyn and Warren Bruce Larson were involved...

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