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PEOPLE v. GAINER

Docket No. 19660.

19 Cal.3d 835 (1977)

566 P.2d 997

139 Cal. Rptr. 861

THE PEOPLE, Plaintiff and Respondent, v. ROBERT GAINER, JR., Defendant and Appellant.

Supreme Court of California.

August 31, 1977.

Attorney(s) appearing for the Case

COUNSEL

Craig Harris Collins, under appointment by the Supreme Court, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, Edward P. O'Brien, Assistant Attorney General, William D. Stein, W. Eric Collins, Derald E. Granberg and David Schneller, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

MOSK, J.

In January 1975 defendant Robert Gainer, Jr., was tried in the Superior Court of Contra Costa County on a charge of murder. (Pen. Code, § 187.)1 The taking of the testimony of more than 30 witnesses consumed 12 days, concluding on the 28th of January. On the 13th day of trial, at 10:30 in the morning, the case went to the jury. Four times during that day the jury interrupted their...

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