PEOPLE v. FARR

Docket No. 11927.

255 Cal.App.2d 679 (1967)

63 Cal. Rptr. 477

THE PEOPLE, Plaintiff and Respondent, v. LEBURNE WALTER FARR, Defendant and Appellant.

Court of Appeals of California, Second District, Division Five.

November 3, 1967.


Attorney(s) appearing for the Case

Gilbert F. Nelson, under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, Thomas Kerrigan and Robert P. Samoian, Deputy Attorneys General, for Plaintiff and Respondent.


KAUS, P.J.

Defendant killed his wife Marcile with a target pistol in the early hours of July 5, 1965. He pleaded "not guilty." There was no plea of "not guilty by reason of insanity." After a jury trial in which he was represented by private counsel he was found guilty of murder in the second degree.

Three issues are involved in this appeal:

1. Was the jury adequately instructed on the subject of diminished capacity?

2. Did the evidence show...

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