PEOPLE v. MILLER

Docket No. Crim. 12941.

7 Cal.3d 562 (1972)

498 P.2d 1089

102 Cal. Rptr. 841

THE PEOPLE, Plaintiff and Respondent, v. JOHN BRITTON MILLER, Defendant and Appellant.

Supreme Court of California. In Bank.

July 13, 1972.


Attorney(s) appearing for the Case

COUNSEL

Joseph L. Bortin, under appointment by the Supreme Court, for Defendant and Appellant.

Thomas C. Lynch and Evelle J. Younger, Attorneys General, Edsel W. Haws and Arnold O. Overoye, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

MOSK, J.

Defendant appeals from a judgment entered after a trial to the court, convicting him of assault with a deadly weapon and first degree murder. He was found to have been legally sane at the time of the offenses, and the penalty on the murder count was fixed at death. This appeal is automatic. (Pen. Code, § 1239, subd. (b).)

Defendant contends that the death penalty violates the California constitutional...

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