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PEOPLE v. MILLER

Docket No. Crim. 11998.

71 Cal.2d 459 (1969)

455 P.2d 377

78 Cal. Rptr. 449

THE PEOPLE, Plaintiff and Respondent, v. WILLIE CURTIS MILLER, Defendant and Appellant.

Supreme Court of California. In Bank.

June 26, 1969.

Attorney(s) appearing for the Case

Lloyd H. Riley, under appointment by the Supreme Court, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Edsel W. Haws and John Fourt, Deputy Attorneys General, for Plaintiff and Respondent.

McCOMB, J.

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

Facts: About 9:30 Saturday morning, August 12, 1967, defendant, 40 years of age, called at the home of Mrs. Betty Abron. He was drinking a can of "Colt 45" stout malt and carried a paper sack containing two additional unopened cans of "Colt 45" stout malt. About 30 minutes after his arrival, he...

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