PEOPLE v. LUKER

Docket No. Crim. 7858.

63 Cal.2d 464 (1965)

407 P.2d 9

47 Cal. Rptr. 209

THE PEOPLE, Plaintiff and Respondent, v. JIMMIE GENE LUKER and MICHAEL DENNIS LAYNE, Defendants and Appellants.

Supreme Court of California. In Bank.

November 2, 1965.


Attorney(s) appearing for the Case

Thomas Whelan and Louis S. Katz, under appointment by the Supreme Court, and Gostin & Katz for Defendants and Appellants.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Jack E. Goertzen, Deputy Attorney General, for Plaintiff and Respondent.


TOBRINER, J.

A jury found Jimmie Gene Luker, Michael Layne, and Thomas Maurice guilty of conspiracy to commit robbery, robbery, and murder in the first degree. It fixed the penalty at death for Luker, but gave life imprisonment to Layne and Maurice. The appeal of Luker is automatic (Pen. Code, § 1239, subd. (b)); that of Layne by notice duly filed. Defendant Maurice does not appeal his conviction.

At approximately 10:30 p.m. on Friday, July 26, 1963,...

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