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PEOPLE v. LEE

Docket No. 18058.

92 Cal.App.3d 707 (1979)

155 Cal. Rptr. 128

THE PEOPLE, Plaintiff and Respondent, v. ROBERT E. LEE, Defendant and Appellant.

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

May 3, 1979.

Attorney(s) appearing for the Case

COUNSEL

Lawrence E. Kern, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, George Deukmejian, Attorneys General, Jack R. Winkler, Robert H. Philibosian, Chief Assistant Attorneys General, Daniel J. Kremer, Assistant Attorney General, Karl J. Phaler, Harley D. Mayfield and A. Wells Petersen, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ELKINGTON, J.

(1a) Regrettably, we find ourselves compelled once again to reverse a judgment of conviction because of a trial court's erroneous extemporaneous comment and informal jury instructions, concerning the accused's critical defense.

Defendant Lee was charged with murder. He pleaded "not guilty" and "not guilty by reason of insanity." A theory of the prosecution was that the homicide was premeditated...

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