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PEOPLE v. POWELL

Docket No. Crim. 7739.

67 Cal.2d 32 (1967)

429 P.2d 137

59 Cal. Rptr. 817

THE PEOPLE, Plaintiff and Respondent, v. GREGORY ULAS POWELL and JIMMY LEE SMITH, Defendants and Appellants.

Supreme Court of California. In Bank.

July 18, 1967.

Attorney(s) appearing for the Case

Herbert E. Selwyn and Irving A. Kanarek, under appointment by the Supreme Court, for Defendants and Appellants.

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

MOSK, J.

A jury found defendants Powell and Smith guilty of first degree murder, and fixed the punishment at death for each defendant. This appeal is automatic. (Pen. Code, § 1239, subd. (b).)

Defendants' principal contention is that incriminating statements taken from them by the police without adequate warnings of their constitutional rights were introduced at trial in violation of Escobedo v. Illinois (1964) 378 U.S. 478...

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