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PEOPLE v. MOORE

Docket No. 13027.

257 Cal.App.2d 740 (1968)

65 Cal. Rptr. 450

THE PEOPLE, Plaintiff and Respondent, v. JOHN LOUIS MOORE, Defendant and Appellant.

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

January 10, 1968.

Attorney(s) appearing for the Case

Caryl Warner, under appointment by the Court of Appeal, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Stanton J. Price, Deputy Attorney General, for Plaintiff and Respondent.

KAUS, P.J.

After a court trial defendant was convicted of murder in the second degree. On appeal, as below, he argues that uncontradicted evidence of diminished capacity due to mental illness shows him to be guilty of manslaughter only. These are the facts:

Defendant was born in 1931. He quit school at the age of 17. After doing various odd jobs he entered the army. He was assigned to a military fire department for a couple of years and spent eight months...

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