PEOPLE v. DAVIS

Docket No. Crim. 7590.

62 Cal.2d 791 (1965)

402 P.2d 142

44 Cal. Rptr. 454

THE PEOPLE, Plaintiff and Respondent, v. RICHARD MARCELLUS DAVIS, Defendant and Appellant.

Supreme Court of California. In Bank.

May 26, 1965.


Attorney(s) appearing for the Case

J. Perry Langford, under appointment by the Supreme Court, for Defendant and Appellant.

Stanley Mosk and Thomas C. Lynch, Attorneys General, William E. James, Assistant Attorney General, and Norman H. Sokolow, Deputy Attorney General, for Plaintiff and Respondent.


TRAYNOR, C.J.

Defendant killed his victim, Marion Burnett, by pounding her on the head and arms six or more times with a 16 1/2-pound stone. A jury found him guilty of murder of the first degree and sane at the time of the crime, and fixed his penalty at death. This appeal is automatic. (Pen. Code, § 1239, subd. (b).)

Defendant's wife of six months, Dorothy, left him and moved to her mother's house four days before the killing. Defendant had asked her...

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