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PEOPLE v. LOVE

Docket No. 11322.

111 Cal.App.3d 98 (1980)

168 Cal. Rptr. 407

THE PEOPLE, Plaintiff and Appellant, v. ROBERT EUGENE LOVE, Defendant and Respondent.

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

October 10, 1980.

Attorney(s) appearing for the Case

COUNSEL

Edwin L. Miller, Jr., District Attorney, Peter C. Lehman and George J. Du Borg, Deputy District Attorneys, for Plaintiff and Appellant.

Appellate Defenders, Inc., under appointment by the Court of Appeal, and Elaine A. Alexander for Defendant and Respondent.

OPINION

WIENER, J.

A jury found Robert Eugene Love guilty of second degree murder. He moved for a new trial on the grounds the judge misdirected the jury in a matter of law (Pen. Code, § 1181, subd. 5) and the evidence was insufficient to support the verdict (Pen. Code, § 1181, subd. 7). His motion was granted on the former ground, but denied on the latter. The People appeal (Pen. Code, § 1238, subd. (a)(3)) contending...

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