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IN RE CULBRETH

Docket No. Crim. 18699.

17 Cal.3d 330 (1976)

551 P.2d 23

130 Cal. Rptr. 719

In re LEWIS CULBRETH on Habeas Corpus.

Supreme Court of California.

June 28, 1976.

Attorney(s) appearing for the Case

COUNSEL

Randy Sue Pollock, under appointment by the Supreme Court, for Petitioner.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, W. Eric Collins and Linda Ludlow, Deputy Attorneys General, for Respondent.

OPINION

MOSK, J.

The petitioner was found guilty, after a jury trial, of two counts of second degree murder (Pen. Code, §§ 187, 189) and one count of voluntary manslaughter (Pen. Code, § 192, subd. 1). The jury also found that petitioner had been armed and had used a firearm, a rifle, in the commission of each of the offenses (Pen. Code, § 12022.5).

The trial...

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