PEOPLE v. KURTZMAN

Docket No. S003708.

46 Cal.3d 322 (1988)

758 P.2d 572

250 Cal. Rptr. 244

THE PEOPLE, Plaintiff and Respondent, v. DAVID KENNETH KURTZMAN, Defendant and Appellant.

Supreme Court of California.

August 18, 1988.


Attorney(s) appearing for the Case

COUNSEL

Peter A. Dullea and Terrence L. Cannon for Defendant and Appellant.

Caryl Warner, William Swearinger, Janet McGinnis, John E. Dannenberg, Harvey R. Zall, State Public Defender, and Bruce E. Cohen, Deputy State Public Defender, as Amici Curiae on behalf of Defendant and Appellant.

John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, Paul C. Ament and David F. Glassman, Deputy Attorneys General, for Plaintiff and Respondent.

Ira Reiner, District Attorney (Los Angeles), Harry B. Sondheim and Brent Riggs, Deputy District Attorneys, as Amici Curiae on behalf of Plaintiff and Respondent.


OPINION

ARGUELLES, J.

Defendant, David Kenneth Kurtzman, appealed from a judgment of second degree murder, contending that his conviction was tainted by the trial court's comments to the jury, during deliberations, that it must unanimously agree on whether defendant was guilty of second degree murder before "considering" voluntary manslaughter. We conclude that our decision in Stone v. Superior Court (1982)

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