PEOPLE v. GAINES

Docket No. Crim. 7007.

58 Cal.2d 630 (1962)

375 P.2d 296

25 Cal. Rptr. 448

THE PEOPLE, Plaintiff and Respondent, v. NATHANIEL GAINES, Defendant and Appellant.

Supreme Court of California. In Bank.

October 25, 1962.


Attorney(s) appearing for the Case

William B. Wolfson, under appointment by the Supreme Court, for Defendant and Appellant.

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


McCOMB, J.

This is an automatic appeal from a judgment of guilty of murder in the first degree, pursuant to the provisions of section 1239, subdivision (b), of the Penal Code. The jury fixed the punishment at death.

Viewed in the light most favorable to the People, the record discloses the following facts:

Mr. and Mrs. Broxton operated a neighborhood grocery store. Between 7:30 and 8 p.m. on November 26, 1960, Mrs. Broxton was in the storage room when...

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