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IN RE BRUBAKER

Docket No. Crim. 8149.

61 Cal.2d 889 (1964)

394 P.2d 813

40 Cal. Rptr. 69

In re CHARLES EARL BRUBAKER on Habeas Corpus.

Supreme Court of California. In Bank.

August 27, 1964.

Attorney(s) appearing for the Case

Quentin Ogren and Benjamin Kagan for Petitioner.

Stanley Mosk, Attorney General, and Robert R. Granucci, Deputy Attorney General, for Respondent.

THE COURT.

The writ is granted as to the penalty trial of petitioner. The remittitur issued in Crim. No. 6448, People v. Brubaker, 53 Cal.2d 37 [346 P.2d 8], is recalled and the judgment imposing the death penalty is reversed insofar as it relates to the penalty. In all other respects the judgment is affirmed. Petitioner is remanded to the custody of the Superior Court in and for...

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