PEOPLE v. MILLER

Docket No. Crim. 7077.

57 Cal.2d 821 (1962)

372 P.2d 297

22 Cal. Rptr. 465

THE PEOPLE, Plaintiff and Respondent, v. RICHARD MILLER, Defendant and Appellant.

Supreme Court of California. In Bank.

June 4, 1962.


Attorney(s) appearing for the Case

Grant B. Cooper, under appointment by the Supreme Court, for Defendant and Appellant.

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


DOOLING, J.

Defendant was convicted of first degree murder and the penalty was fixed at life imprisonment. A motion for a new trial was denied. He has appealed from the judgment and the order denying his motion for a new trial.

On the night of December 2, 1960, defendant and Charley Harper, a friend, were visiting at a neighbor's home. After spending some two or three hours there, during which time there was some...

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