PEOPLE v. NYE

Docket No. Crim. 7825.

63 Cal.2d 166 (1965)

403 P.2d 736

45 Cal. Rptr. 328

THE PEOPLE, Plaintiff and Respondent, v. ROBERT LEE NYE, Defendant and Appellant.

Supreme Court of California. In Bank.

July 12, 1965.


Attorney(s) appearing for the Case

Vincent Hallinan, Carl B. Shapiro, Patrick Sarsfield Hallinan and LeRoy W. Rice for Defendant and Appellant.

Stanley Mosk and Thomas C. Lynch, Attorneys General, William E. James, Assistant Attorney General, and Gordon Ringer, Deputy Attorney General, for Plaintiff and Respondent.


PEEK, J.

Defendant was found guilty after jury trial of murder of the first degree, and the penalty was fixed at death. Thus his appeal automatically comes before this court pursuant to section 1239, subdivision (b), of the Penal Code.

Defendant does not question that the victim met her death at his hands on January 9, 1963. His primary contention is that the killing, in view of the circumstances, did not constitute murder in the first degree, and that several...

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