PEOPLE v. HORN

Docket No. Crim. 16511.

12 Cal.3d 290 (1974)

524 P.2d 1300

115 Cal. Rptr. 516

THE PEOPLE, Plaintiff and Respondent, v. WILMOUT HORN et al., Defendants and Appellants.

Supreme Court of California. In Bank.

August 7, 1974.


Attorney(s) appearing for the Case

COUNSEL

Samuel Crowe and Robert E. Dougherty, under appointments by the Supreme Court, for Defendants and Appellants.

Evelle J. Younger, Attorney General, Herbert L. Ashby, Chief Assistant Attorney General, William E. James, Assistant Attorney General, Mark L. Christiansen and Derald E. Granberg, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

TOBRINER, J.

Defendants Wilmout Horn and Virgil Lee Feltner appeal from convictions, following jury verdict, of conspiracy to commit first degree murder (Pen. Code, § 182), of arson (Pen. Code, § 447a), and of unlawful manufacture of a fire bomb (Pen. Code, § 452). Evidence submitted at the trial showed that at the time of the conspiracy defendants were so intoxicated that they may have lacked the capacity to...

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