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PEOPLE v. CLAYTON

Docket No. 4124.

248 Cal.App.2d 345 (1967)

56 Cal. Rptr. 413

THE PEOPLE, Plaintiff and Respondent, v. RAYMOND HEAD CLAYTON, Defendant and Appellant.

Court of Appeals of California, Third District.

February 3, 1967.

Attorney(s) appearing for the Case

Neil McAllister, Jr., for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Doris Maier, Assistant Attorney General, Edward A. Hinz, Jr. and Roger E. Venturi, Deputy Attorneys General, for Plaintiff and Respondent.

PIERCE, P.J.

Defendant was convicted of second degree murder.

The questions on appeal are: (1) Did the court, in instructing on second degree felony murder improperly advise the jury that provocation by words alone was no defense to the felony charged (assault with a deadly weapon)? (2) Did the court admit into evidence testimony of a missing witness given at the preliminary hearing on an insufficient showing...

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