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PEOPLE v. FLOYD

Docket No. Crim. 12226.

1 Cal.3d 694 (1970)

464 P.2d 64

83 Cal. Rptr. 608

THE PEOPLE, Plaintiff and Respondent, v. BARRY FLOYD and JOHNNY MILTON, Defendants and Appellants.

Supreme Court of California. In Bank.

January 27, 1970.

Attorney(s) appearing for the Case

COUNSEL

Emmet Hagerty and David A. Binder, under appointments by the Supreme Court, Meyer S. Levitt, Jared R.B. Hutton and Rodney Moss for Defendants and Appellants.

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

OPINION

BURKE, J.

A jury found Barry Floyd and Johnny Milton guilty of first degree robbery (Pen. Code, § 211) and first degree murder (Pen Code, § 187) and sentenced them to death. This appeal is automatic. (Pen. Code, § 1239, subd. (b).)

On January 10, 1967, about 1 p.m., a Los Angeles Rapid Transit District busdriver, named Hartzel, was robbed, shot and killed by...

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