PEOPLE v. GARCIA

Docket No. 14104.

54 Cal.App.3d 61 (1975)

126 Cal. Rptr. 275

THE PEOPLE, Plaintiff and Respondent, v. INEZ GARCIA, Defendant and Appellant.

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

December 29, 1975.


Attorney(s) appearing for the Case

COUNSEL

Garry, Dreyfus, McTernan, Brotsky, Herndon & Pesonen, Charles R. Garry, Michael P. Goldstein, Cumings & Jordan and Susan B. Jordan for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, Gloria F. DeHart and Patrick G. Golden, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

ELKINGTON, J.

We find ourselves concerned, on this appeal by defendant Inez Garcia from a judgment of conviction of second degree murder, with a variant jury instruction on the concept of proof beyond a reasonable doubt.

As is well known, the principles of "presumption of innocence" and "proof beyond a reasonable doubt," applicable to prosecutions for crime, are defined...

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