PEOPLE v. STEGER

Docket No. Crim. 18711.

16 Cal.3d 539 (1976)

546 P.2d 665

128 Cal. Rptr. 161

THE PEOPLE, Plaintiff and Respondent, v. CHERYL LYNN STEGER, Defendant and Appellant.

Supreme Court of California. In Bank.

March 12, 1976.


Attorney(s) appearing for the Case

COUNSEL

Volney F. Morin, Volney F. Morin, Jr., and Sandra S. Sawyer for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Howard J. Schwab and Jack T. Kerry, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

MOSK, J.

Defendant Cheryl Lynn Steger appeals from a judgment convicting her of the first degree murder of her three-year-old stepdaughter Kristen. She contends, inter alia, that the evidence at her trial was insufficient to justify a jury instruction on murder by means of torture. The contention is meritorious.

Kristen died from head injuries. Viewed in the light most favorable...

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