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PEOPLE v. DISBROW

Docket No. Crim. 18445.

16 Cal.3d 101 (1976)

545 P.2d 272

127 Cal. Rptr. 360

THE PEOPLE, Plaintiff and Respondent, v. ROBERT MARSHALL DISBROW, Defendant and Appellant.

Supreme Court of California. In Bank.

February 6, 1976.

Attorney(s) appearing for the Case

COUNSEL

Albert D. Silverman, under appointment by the Supreme Court, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, James H. Kline and Donald F. Roeschke, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MOSK, J.

Defendant was charged in count I with the murder of Kathleen Pairis, and in count II with the murder of his wife Harriet. (Pen. Code, § 187.) It was further alleged that a firearm was used in the commission of both offenses. (Pen. Code, § 12022.5.) Following a jury trial defendant was found guilty on count II of murder in the second degree involving the use of a firearm. The jury was unable to reach a verdict...

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