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PEOPLE v. POLK

Docket Nos. Crim. 7356, 7513.

61 Cal.2d 217 (1964)

390 P.2d 641

37 Cal. Rptr. 753

THE PEOPLE, Plaintiff and Respondent, v. RONALD HOWARD POLK, GEORGE ANTHONY GREGG, and AVERY MATTHEWS, Defendants and Appellants.

Supreme Court of California. In Bank.

March 31, 1964.

Attorney(s) appearing for the Case

Claude O. Allen, Irving C. Sugarman and Ransome M. Smith, under appointment by the Supreme Court, for Defendants and Appellants.

Stanley Mosk, Attorney General, Doris H. Maier, Assistant Attorney General, and Edsel W. Haws, Deputy Attorney General, for Plaintiff and Respondent.

THE COURT.

By jury verdicts defendants Polk, Gregg, and Matthews were found guilty of conspiracy to kidnap for the purpose of robbery, and Polk and Gregg were found guilty of first degree murder. On the latter count the jury fixed the penalty at death, and judgments were entered accordingly.1 The appeals of Polk and Gregg are automatic (Pen. Code, § 1239, subd. (b)); that of Matthews is by notice duly filed.

By amended indictment...

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