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PEOPLE v. JOHNSON

Docket No. 5175.

38 Cal.App.3d 228 (1974)

113 Cal. Rptr. 303

THE PEOPLE, Plaintiff and Respondent, v. NEALY AUBREY JOHNSON, Defendant and Appellant.

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

March 28, 1974.

Attorney(s) appearing for the Case

COUNSEL

Michael H. Walsh, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., and Jack R. Winkler, Chief Assistant Attorneys General, William E. James, Assistant Attorney General, Daniel J. Kremer and A. Wells Petersen, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

BROWN (Gerald), P.J.

Nealy Aubrey Johnson, defendant, appeals his conviction, after jury trial, of first degree murder (Pen. Code, § 187).

Mrs. Margaret Lewis and her daughter, Katherine, the murder victim, lived in a one bedroom apartment in San Diego. Johnson lived with Mrs. Lewis and Katherine during the summer of 1970; after August of 1970 Johnson stayed at the apartment on weekends only. When Johnson stayed...

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