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PEOPLE v. TOLBERT

Docket No. Crim. 10681.

70 Cal.2d 790 (1969)

452 P.2d 661

76 Cal. Rptr. 445

THE PEOPLE, Plaintiff and Respondent, v. GUS TOLBERT, Defendant and Appellant.

Supreme Court of California. In Bank.

April 15, 1969.

Attorney(s) appearing for the Case

Roger S. Hanson, under appointment by the Supreme Court, for Defendant and Appellant.

Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Philip C. Griffin, Deputy Attorney General, for Plaintiff and Respondent.

McCOMB, J.

A jury found defendant guilty of kidnaping Fannie Ryan (Pen. Code, § 207) and first degree murder of Akie Sterling (Pen. Code, §§ 187, 189). It fixed the penalty for murder at death. Motions for a new trial and for reduction of the penalty were denied. This appeal is automatic. (Pen. Code, § 1239, subd. (b).)

Facts: On April 21, 1966, about 1:30 in the morning Fannie Ryan was returning home from work and got off a bus...

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