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PEOPLE v. AUBREY

Docket No. 16628.

11 Cal.App.3d 193 (1970)

89 Cal. Rptr. 596

THE PEOPLE, Plaintiff and Respondent, v. LLOYD WILSON AUBREY, JR., Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

September 11, 1970.

Attorney(s) appearing for the Case

COUNSEL

Lloyd Wilson Aubrey, Jr., in pro. per., and Helen E. Simmons, under appointment by the Court of Appeal, for Defendant and Appellant.

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

OPINION

FILES, P.J.

After a court trial, a jury having been waived, defendant was convicted of murder, first degree (Pen. Code, §§ 187, 189). He is appealing from the judgment.

This is the defendant's second trial. The first conviction, after a jury trial, was reversed because the jury had not been instructed properly on diminished capacity. (People v. Aubrey...

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