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PEOPLE v. ANDERSON

Docket No. Crim. 7584.

63 Cal.2d 351 (1965)

406 P.2d 43

46 Cal. Rptr. 763

THE PEOPLE, Plaintiff and Respondent, v. ROBERT ARTHUR ANDERSON, Defendant and Appellant.

Supreme Court of California. In Bank.

October 1, 1965.

Attorney(s) appearing for the Case

Paul A. Mansfield, under appointment by the Supreme Court, for Defendant and Appellant.

Robert H. Lund, E. Fred Lightner, William T. Pillsbury, David H. Battin, and Jim F. Kingham as Amici Curiae on behalf of Defendant and Appellant.

Stanley Mosk and Thomas C. Lynch, Attorneys General, Albert W. Harris, Jr., Robert R. Granucci and Michael J. Phelan, Deputy Attorneys General, Louis P. Bergna, District Attorney, and John Schatz, Jr., Assistant District Attorney, for Plaintiff and Respondent.

TOBRINER, J.

Defendant was charged with the murder of a 10-year-old girl, Victoria Hammond. The jury returned its verdict finding defendant guilty of first degree murder; it found defendant sane and fixed the penalty at death. This appeal is automatic. (Pen. Code, § 1239, subd. (b).)

We set out our reasons for holding that the evidence did not warrant instructions on murder committed in the perpetration of mayhem or on murder perpetrated by means of torture...

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