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PEOPLE v. MODESTO

Docket No. Crim. 7877.

62 Cal.2d 436 (1965)

398 P.2d 753

42 Cal. Rptr. 417

THE PEOPLE, Plaintiff and Respondent, v. LAWRENCE GLENN MODESTO, Defendant and Appellant.

Supreme Court of California. In Bank.

February 11, 1965.

Attorney(s) appearing for the Case

Richard Gladstein, under appointment by the Supreme Court, and Norman Leonard for Defendant and Appellant.

Stanley Mosk and Thomas C. Lynch, Attorneys General, William E. James, Assistant Attorney General, Norman H. Sokolow, Deputy Attorney General, William O. Mackey, District Attorney (Riverside), and Roland Wilson, Deputy District Attorney, for Plaintiff and Respondent.

TRAYNOR, C.J.

This appeal is automatic from a judgment imposing the death penalty. (Pen. Code, § 1239, subd. (b).)

In a previous trial defendant had been found guilty of the first degree murders of Connie Mack and Mary Mack, and sentenced to death. The judgment was reversed on the ground that the trial court erred in refusing to instruct the jury on the issue of manslaughter. (People v. Modesto, 59 Cal.2d 722

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