PEOPLE v. FITZGERALD

Docket No. 22228.

29 Cal.App.3d 296 (1972)

105 Cal. Rptr. 458

THE PEOPLE, Plaintiff and Respondent, v. ROMAINE FITZGERALD, Defendant and Appellant.

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

December 11, 1972.


Attorney(s) appearing for the Case

COUNSEL

Ben Margolis, William B. Murrish and Oliver Wendell Holmes, Jr., for Defendant and Appellant.

Evelle J. Younger, Attorney General, William E. James, Assistant Attorney General, and James H. Kline, Deputy Attorney General, for Plaintiff and Respondent.


OPINION

FEINERMAN, J.*

A jury found defendant Romaine Fitzgerald guilty of first degree murder of Barge Miller and fixed the penalty at death for that offense. A motion for a new trial was denied by the court.

Defendant contends that (1) the evidence was insufficient to sustain the conviction; (2) the trial court violated his constitutional rights by denying his motion for a change of counsel and...

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