PEOPLE v. MURTISHAW

Docket No. Crim. 20958.

29 Cal.3d 733 (1981)

631 P.2d 446

175 Cal. Rptr. 738

THE PEOPLE, Plaintiff and Respondent, v. DAVID LESLIE MURTISHAW, Defendant and Appellant.

Supreme Court of California.

July 27, 1981.


Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Supreme Court, Laurance S. Smith and Stephen Berlin, Deputy State Public Defenders, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Edmund D. McMurray, Vincent J. Scally, Jr., and Nancy Sweet, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

TOBRINER, J.

On April 9, 1978, defendant and Gregory Lufenberger, his brother-in-law, went shooting in the Mojave Desert. They chanced upon four college students who were filming a movie. Several hours later, as the students prepared to leave, defendant began to fire at them, killing three of the students and injuring the fourth.

Defendant admitted the shooting but claimed diminished capacity. The jury rejected the...

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