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PEOPLE v. FREE

Docket No. 4979.

131 Cal.App.3d 155 (1982)

182 Cal. Rptr. 259

THE PEOPLE, Plaintiff and Respondent, v. JOHN ARTHUR FREE, Defendant and Appellant.

Court of Appeals of California, Fifth District.

April 26, 1982.

Attorney(s) appearing for the Case

COUNSEL

Quin Denvir, State Public Defender, under appointment by the Court of Appeal, and Richard L. Phillips, Deputy State Public Defender, for Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Arnold O. Overoye, Assistant Attorney General, Ramon de la Guardia and Maureen A. Daly, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

ANDREEN, J.

Appellant, John Arthur Free, was charged jointly with his brother Joe with murder (Pen. Code, § 187). He was tried separately and found guilty of second degree murder. The jury further found that he used a firearm during the offense (Pen. Code, § 12022.5). He appeals, alleging prosecutorial misconduct and instructional error.

FACTS

Appellant, his brother Joe and the decedent Fear became...

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