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PEOPLE v. MODESTO

Docket No. Crim 7166.

59 Cal.2d 722 (1963)

382 P.2d 33

31 Cal. Rptr. 225

THE PEOPLE, Plaintiff and Respondent, v. LAWRENCE GLENN MODESTO, Defendant and Appellant.

Supreme Court of California. In Bank.

June 4, 1963.

Attorney(s) appearing for the Case

Earl Klein for Defendant and Appellant.

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

TRAYNOR, J.

Defendant was convicted of two counts of first degree murder. The jury fixed the penalty at death on each count. Defendant admitted two prior felony convictions. This appeal is automatic. (Pen. Code, § 1239, subd. (b).)

Shortly after midnight on October 29, 1961, defendant entered the home of Mr. and Mrs. Ardel Mack carrying a hand sledge hammer with a 4-pound head. The Macks' daughters, Connie, age 12, and Mary, age 9, were asleep in the...

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