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PEOPLE v. MITCHELL

Docket No. Crim. 8573.

63 Cal.2d 805 (1966)

409 P.2d 211

48 Cal. Rptr. 371

THE PEOPLE, Plaintiff and Respondent, v. AARON MITCHELL, Defendant and Appellant.

Supreme Court of California. In Bank.

January 4, 1966.

Attorney(s) appearing for the Case

Aaron Mitchell, in pro. per., and Evander C. Smith, under appointment by the Supreme Court, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, and Edsel W. Haws, Deputy Attorney General, for Plaintiff and Respondent.

McCOMB, J.

A jury found defendant guilty of first degree murder and fixed the penalty at death. On appeal, we affirmed the judgment as to guilt and reversed insofar as it related to the penalty (61 Cal.2d 353 [38 Cal.Rptr. 726, 392 P.2d 526]). Upon retrial, the jury again fixed the penalty at death. This automatic appeal followed, pursuant to section 1239...

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