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PEOPLE v. BUTLER

Docket No. Crim. 9872.

65 Cal.2d 569 (1967)

421 P.2d 703

55 Cal. Rptr. 511

THE PEOPLE, Plaintiff and Respondent, v. HARRISON BUTLER, Defendant and Respondent.

Supreme Court of California. In Bank.

January 9, 1967.

Attorney(s) appearing for the Case

George V. Denny III, under appointment by the Supreme Court, for Defendant and Appellant.

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

TRAYNOR, C.J.

Defendant was charged by information with the murder of Joseph H. Anderson and with assault with intent to murder William Russell Locklear. A jury convicted defendant of first degree felony murder and of assault with a deadly weapon; it fixed the penalty for the murder at death. This appeal is automatic. (Pen. Code, § 1239, subd. (b).)

[1a] We have determined that error in the guilt phase of the trial deprived defendant of his...

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