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IN RE ELI

Docket No. Crim. 13131.

71 Cal.2d 214 (1969)

454 P.2d 337

77 Cal. Rptr. 665

In re NATHAN ELMONT ELI on Habeas Corpus.

Supreme Court of California. In Bank.

May 28, 1969.

Attorney(s) appearing for the Case

Bruce S. Osterman, under appointment by the Supreme Court, and Daniel B. Hunter for Petitioner.

Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, Derald E. Granberg and Gloria F. DeHart, Deputy Attorneys General, for Respondent.

BURKE, J.

Nathan Elmont Eli seeks a writ of habeas corpus, contending, among other things, that error under Witherspoon v. Illinois, 391 U.S. 510 [20 L.Ed.2d 776, 88 S.Ct. 1770], compels setting aside the death penalty. We have concluded that this contention must be upheld and that it is therefore necessary to remand Eli to the trial court for a new trial limited to the issue of penalty.

A jury found Eli guilty...

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