In re Brubaker

California Supreme Court

In re Brubaker

61 Cal. 2d 889, 40 Cal. Rptr. 69

CourtCalifornia Supreme Court

DecidedAugust 27, 1964

DocketCrim. No. 8149

StatusPublished

This text of 61 Cal. 2d 889 (In re Brubaker) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Brubaker, 61 Cal. 2d 889, 40 Cal. Rptr. 69 (Cal. 1964).

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Opinion

THE COURT.

The 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.

This order is final forthwith.

McComb, J., dissented.

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THE COURT.

The 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.

This order is final forthwith.

McComb, J., dissented.

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Bluebook (online)

61 Cal. 2d 889, 40 Cal. Rptr. 69, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-brubaker-cal-1964.

Opinion

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