PEOPLE v. MABRY

Docket No. Crim. 11510.

71 Cal.2d 430 (1969)

455 P.2d 759

78 Cal. Rptr. 655

THE PEOPLE, Plaintiff and Respondent, v. LISKIE T. MABRY, Defendant and Appellant.

Supreme Court of California. In Bank.

June 26, 1969.


Attorney(s) appearing for the Case

Dennis L. Woodman, under appointment by the Supreme Court, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, Edsel W. Haws and Daniel J. Kremer, Deputy Attorneys General, for Plaintiff and Respondent.


BURKE, J.

In 1967 defendant was indicted for the 1954 murder of Police Officer Francis Rea. A jury found him guilty of first degree murder and fixed the penalty at death. Motions for a new trial and for reduction of the penalty were denied, and defendant's automatic appeal is now before us. (Pen. Code, § 1239, subd. (b).)

Defendant contends (1) the court erred in refusing to give instructions on manslaughter and second degree murder and committed other...

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