SEITERLE v. SUPERIOR COURT

Docket No. L.A. 26574.

57 Cal.2d 397 (1962)

369 P.2d 697

20 Cal. Rptr. 1

DAVID JACOB SEITERLE, Petitioner, v. THE SUPERIOR COURT OF RIVERSIDE COUNTY, Respondent.

Supreme Court of California. In Bank.

March 15, 1962.


Attorney(s) appearing for the Case

Earl Klein for Petitioner.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, Norman H. Sokolow, Deputy Attorney General, William O. Mackey, District Attorney, and Roland Wilson, Chief Trial Attorney, for Respondent.


DOOLING, J.

The object of this proceeding is to prevent the respondent court from retrying the issue of penalty on two murder counts and so subjecting petitioner to "double prosecution and double punishment for the same act in violation of his constitutional rights forbidding double jeopardy." (U.S. Const., 5th Amend.; Cal. Const., art. I, § 13.)

Petitioner was indicted for the murders of Mr. and Mrs. Charles Duvel, and as to both counts he pleaded guilty...

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