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PEOPLE v. CLAY

Docket No. 4387.

18 Cal.App.3d 964 (1971)

96 Cal. Rptr. 213

THE PEOPLE, Plaintiff and Respondent, v. THELMA CLAY, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Two.

July 27, 1971.

Attorney(s) appearing for the Case

COUNSEL

Bruce D. MacLachlan, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, William E. James, Assistant Attorney General, and John R. Evans, Deputy Attorney General, for Plaintiff and Respondent.

Joseph P. Busch, Jr., District Attorney (Los Angeles County), Harry Wood and Harry B. Sondheim, Deputy District Attorneys, as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

GARDNER, P.J.

The defendant was charged with the murder of her illegitimate grandson. Within two hours of the birth of the child, she placed the child in a towel in a paper sack. She then put the child in a trash container, poured lighter fluid over him, and ignited the lighter fluid. There is no trash pick-up where defendant lived; trash is disposed of by burning. She presented evidence that she believed the child was dead...

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