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PEOPLE v. SMITH

Docket No. 9265.

229 Cal.App.2d 511 (1964)

40 Cal. Rptr. 399

THE PEOPLE, Plaintiff and Respondent, v. DAVID SMITH, Defendant and Appellant.

Court of Appeals of California, Second District, Division Three.

September 3, 1964.

Attorney(s) appearing for the Case

Stanley L. Avery, under appointment by the District Court of Appeal, for Defendant and Appellant.

Stanley Mosk, Attorney General, William E. James, Assistant Attorney General, and Mario A. Roberti, Deputy Attorney General, for Plaintiff and Respondent.

SHINN, P.J.

Accused of shooting his wife to death, David Smith was convicted of murder of the first degree in a trial to the court and sentenced to life imprisonment. The only question presented on this appeal is the sufficiency of the evidence to support the judgment of first degree murder. [1a] Defendant contends that the evidence was adequate only as support for a second degree murder conviction, and...

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