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PEOPLE v. SEARS

Docket No. Crim. 7749.

62 Cal.2d 737 (1965)

401 P.2d 938

44 Cal. Rptr. 330

THE PEOPLE, Plaintiff and Respondent, v. EARL CLARENCE SEARS, Defendant and Appellant.

Supreme Court of California. In Bank.

May 21, 1965.

Attorney(s) appearing for the Case

Edward D. Nino, under appointment by the Supreme Court, for Defendant and Appellant.

Stanley Mosk and Thomas C. Lynch, Attorneys General, Albert W. Harris, Jr., and Robert R. Granucci, Deputy Attorneys General, for Plaintiff and Respondent.

TOBRINER, J.

The jury found defendant guilty of the first degree murder of his stepdaughter Elizabeth Olives, the attempted murder of his estranged wife Clara Sears and the attempted murder of his mother-in-law Frances Montijo. As to the first degree murder conviction, the jury fixed the penalty at death. This appeal comes to us automatically under Penal Code section 1239, subdivision (b).

For the reasons stated below we hold that the trial court

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