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PEOPLE v. DURHAM

Docket No. Crim. 11317.

70 Cal.2d 171 (1969)

449 P.2d 198

74 Cal. Rptr. 262

THE PEOPLE, Plaintiff and Respondent, v. GILBERT LEE DURHAM and EDGAR LEONARD ROBINSON, Defendants and Appellants.

Supreme Court of California. In Bank.

January 21, 1969.

Attorney(s) appearing for the Case

Eric A. Rose, under appointment by the Supreme Court, Richard S. Buckley, Public Defender, William V. Larsen, Gerald McC. Franklin and James L. McCormick, Deputy Public Defenders, for Defendants and Appellants.

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

SULLIVAN, J.

A jury found defendants Gilbert Lee Durham and Edgar Leonard Robinson guilty of murder in the first degree. (Pen. Code, §§ 187, 189.) After a penalty trial the same jury fixed the punishment of Durham at life imprisonment and the punishment of Robinson at death, and sentences were rendered accordingly. Durham appeals from the judgment and from the denial of his motion for a new trial.1 The appeal of Robinson is automatic...

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