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PEOPLE v. FRYE

Docket No. C007592.

7 Cal.App.4th 1148 (1992)

10 Cal. Rptr.2d 217

THE PEOPLE, Plaintiff and Respondent, v. BRIAN DAVID FRYE, Defendant and Appellant.

Court of Appeals of California, Third District.

June 30, 1992.

Attorney(s) appearing for the Case

COUNSEL

Thomas Lundy, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Acting Assistant Attorney General, Michael Weinberger and Joel Carey, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.*]

OPINION

SPARKS, Acting P.J.

In this case of murder and attempted murder, the trial court instructed the jury that a killing or attempted killing was unlawful unless it was either excusable or justifiable. It went on to instruct the jury that "[i]t is undisputed in this case that each of the acts in question was an unlawful act." Defendant contends that...

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