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PEOPLE v. HINES

Docket No. Crim. 7373.

61 Cal.2d 164 (1964)

390 P.2d 398

37 Cal. Rptr. 622

THE PEOPLE, Plaintiff and Respondent, v. WALTER CLAYTON HINES, Defendant and Appellant.

Supreme Court of California. In Bank.

March 20, 1964.

Attorney(s) appearing for the Case

John H. Sutter, under appointment by the Supreme Court, for Defendant and Appellant.

Stanley Mosk, Attorney General, Albert W. Harris, Jr., and Robert R. Granucci, Deputy Attorneys General, for Plaintiff and Respondent.

TOBRINER, J.

In this capital case, in which defendant entered a plea of guilty of murder in the first degree and in which the jury fixed the penalty at death, we reverse the judgment insofar as it relates to the penalty. The instructions and the prosecutor's argument in the penalty trial gave rise to the errors which we condemned in People v. Morse (1964) 60 Cal.2d 631 [36 Cal.Rptr. 201

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