61 Cal. 2d 889
Decided August 27, 1964
California Supreme Court · decided 1964-08-27
Relies on 53 Cal. 2d 37 - People v. Brubaker
Good law ✅— No negative treatment on recordhow we know
Decided 1964-08-27
Cited by 5 later decisions — most recently June 1989
1 federal appellate · 4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1The writ is granted as to the penalty trial of petitioner. The remittitur issued in Crim. No. 6448, People v. Brubaker, 53 Cal.2d 37 [346 P.2d 8], is recalled and the judgment imposing the death penalty is reversed insofar as it relates to the penalty. In all other respects the judgment is affirmed. Petitioner is remanded to the custody of the Superior Court in and for the County of Los Angeles for a new penalty trial.
¶2This order is final forthwith.
¶3McComb, J., dissented.