PEOPLE v. OSUNA

Docket No. Crim. 11170.

70 Cal.2d 759 (1969)

452 P.2d 678

76 Cal. Rptr. 462

THE PEOPLE, Plaintiff and Respondent, v. MARK C. OSUNA and JACK R. GORMAN, Defendants and Appellants.

Supreme Court of California. In Bank.

April 11, 1969.


Attorney(s) appearing for the Case

Mark C. Osuna, in pro. per., Andrew P. Smirnoff and A. Leonard Bjorklund, Jr., under appointments by the Supreme Court, for Defendants and Appellants.

Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, Derald E. Granberg and Robert R. Granucci, Deputy Attorneys General, for Plaintiff and Respondent.


TRAYNOR, C.J.

A jury found defendants guilty of the first degree murder of Mario Ferrari and fixed the penalty for each at death. The trial court denied motions for a new trial and entered judgment on the verdicts. The appeal is automatic. (Pen. Code, § 1239, subd. (b).)

The homicide occurred at the Mission Inn, a restaurant and bar in San Rafael. About 12:40 a.m. on September 6, 1965, Leo Albertoni, a co-owner...

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