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PEOPLE v. VAUGHN

Docket No. Crim. 14025.

9 Cal.3d 321 (1973)

508 P.2d 318

107 Cal. Rptr. 318

THE PEOPLE, Plaintiff and Respondent, v. EDWARD VAUGHN, Defendant and Appellant.

Supreme Court of California. In Bank.

April 10, 1973.

Attorney(s) appearing for the Case

COUNSEL

Coleman A. Blease, under appointment by the Supreme Court, for Defendant and Appellant.

Evelle J. Younger and Thomas C. Lynch, Attorneys General, Edward A. Hinz, Jr., Chief Assistant Attorney General, William E. James, Assistant Attorney General, Willard F. Jones, Edsel W. Haws and Roger E. Venturi, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

TOBRINER, J.

In 1968 defendant Edward Vaughn, then serving a life sentence, pled guilty to assault on a prison guard by force likely to produce great bodily injury (Pen. Code, § 4500) and a jury fixed the penalty at death. On appeal we reversed the judgment as to penalty under Witherspoon v. Illinois (1968) 391 U.S. 510 [20 L.Ed.2d 776, 88 S.Ct. 1770], but affirmed the judgment...

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