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PEOPLE v. KETCHEL

Docket No. Crim. 7070.

59 Cal.2d 503 (1963)

381 P.2d 394

30 Cal. Rptr. 538

THE PEOPLE, Plaintiff and Respondent, v. DONALD FLOYD KETCHEL, H.B. SEARS, and THOMAS EDWARD SEARS, Defendants and Appellants.

Supreme Court of California. In Bank.

May 7, 1963.

Attorney(s) appearing for the Case

Christian E. Markey, Jr., Thomas R. McGurrin, and Benjamin Dreyfus, under appointment by the Supreme Court, Garry, Dreyfus & McTernan and Fay Stender for Defendants and Appellants.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and N. Gregory Taylor, Deputy Attorney General, for Plaintiff and Respondent.

TOBRINER, J.

Donald Ketchel, aged 24, Thomas Edward Sears, aged 19, and his brother H.B. Sears, aged 26, were found guilty of robbery in the first degree and murder in the first degree. The jury imposed the death penalty on Ketchel and Thomas Sears; H.B. Sears was sentenced to life imprisonment. The appeals of Ketchel and Thomas Sears are automatic (Pen. Code, § 1239, subd. (b)); H.B. Sears appeals from the judgment, the order denying his motion for a new trial...

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