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PEOPLE v. SCHADER

Docket No. Crim. 9855.

71 Cal.2d 761 (1969)

457 P.2d 841

80 Cal. Rptr. 1

THE PEOPLE, Plaintiff and Respondent, v. HARRY W. SCHADER, Defendant and Appellant.

Supreme Court of California. In Bank.

August 20, 1969.

Attorney(s) appearing for the Case

Elfriede F. Sobiloff, under appointment by the Supreme Court, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, Edward A. Hinz, Jr., Edsel W. Haws and Charles G. Warner, Deputy Attorneys General, for Plaintiff and Respondent.

TOBRINER, J.

The jury convicted defendant of first degree robbery and of the first degree murder of Police Officer Eugene McKnight in Sacramento on July 23, 1963, and fixed the penalty at death. His appeal is automatic. (Pen. Code, § 1239, subd. (b).) Defendant presents manifold contentions relating to his guilt trial, but we do not find prejudicial error in the conduct of the guilt trial. We must reverse the judgment as to penalty, however, because the trial...

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