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All Reporters → cal-2d → Volume 71

Opinions in cal-2d Volume 71

Israel Dabney petitions for a writ of habeas corpus claiming that both his conviction and his augmented penalty as a second narcotics offender were obtained by means of a constitutionally invalid prior conviction. At petitioner’s' trial the People introduced before the jury an unconstitutionally obtained prior conviction to prove his guilt by impeaching petitioner’s testimony and by demonstrating...
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Counsel for Edward Louis Arguello petitions for a writ of habeas corpus in which he raises the same contentions presented in In re Anderson and Saterfield, 69 Cal.2d 613 [73 Cal.Rptr. 21, 447 P.2d 117], We have concluded that Arguello’s claim that error under Witherspoon v. Illinois, 391 U.S. 510 [20 L.Ed.2d 776, 88 S.Ct. 17701, compels setting aside the death penalty must be upheld and t...
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71 Cal.2d 18 (1969) 453 P.2d 353 76 Cal. Rptr. 809 THE PEOPLE, Plaintiff and Respondent, v. MARIO DE SANTIAGO, Defendant and Appellant. Docket No. Crim. 12033. Supreme Court of California. In Bank. April 24, 1969. *20 Daniel L. Dintzer, under appointment by the Supreme Court, for Defendant and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Thomas K...
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In a nonjury trial defendant Mario De Santiago was acquitted of a charge of selling heroin (Health & Saf. Code, § 11501) and convicted of the possession of heroin for sale (Health & Saf. Code, § 11500.5). His motion for a new trial was denied, criminal proceedings were adjourned, and, after proceedings had pursuant to Welfare and Institutions Code section 3051 et seq., defendant was committed to t...
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This is an application for writ of habeas corpus on behalf of Richard Marks (hereinafter called petitioner), currently confined in the California Rehabilitation Center (hereinafter called CRC) under an order of commitment as a narcotics addict. (Welf. & Inst. Code, § 3051.) We are called upon to resolve, in effect, a jurisdictional dispute between the State of California’s narcotics addict...
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This is a companion case to In re Marks, ante, p. 31 [77 Cal.Rptr. 1, 453 P.2d 441], also decided this day. With one crucial exception, the contentions are the same as those raised in Marks and are without merit for the reasons there stated. The exception, a challenge to the validity of the initial commitment for narcotics addiction, is meritorious and requires issuance of the writ of habeas corpu...
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This case involves statutory construction of Business and Professions Code section 24074, governing transfers in escrow of liquor licenses. The precise issue is whether that section precludes a creditor from establishing priority over the escrowed proceeds of such a transaction by attachment or garnishment. We conclude that section 24074 represents a mandatory and exclusive scheme for payment of ...
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An information was filed charging Gary Dale *70Francis with selling and giving away marijuana (Health & Saf. Code, § 11531. )1 A jury trial was waived, and the ease was submitted on the preliminary hearing transcript. The court found Francis guilty of possession of marijuana (Health & Saf. Code, § 11530), which the court determined to be "a lesser offense than that charged . . . but necessarily in...
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71 Cal.2d 80 (1969) THE PEOPLE, Plaintiff and Respondent, v. MORRIS LEE WHITE, Defendant and Appellant. Crim. No. 13110. Supreme Court of California. In Bank. May 6, 1969. Donald F. Roeschke, under appointment by the Supreme Court, for Defendant and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, Philip C. Griffin, Michael L. Abrams and Frederick R...
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Defendant Fred Leon Berutko was charged by information with one count of possession of heroin (Health & Saf. Code, § 11500) and one count of possession of heroin for sale (Health & Saf. Code, § 11500.5), The information also charged one prior conviction for possession of heroin. He entered a plea of not guilty to the charged offenses and denied the prior conviction. Trial by jury was...
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This is an appeal from a judgment denying a writ of mandate to compel respondent State Personnel Board (Board)1 to set aside and annul its order revoking the appointment of appellant Wayne L. Ferdig to a state civil service position, and to reinstate appellant in said position. The facts are not in dispute and, as disclosed by the trial court’s findings and the documents in the record, are as foll...
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Petitioners "Field Research Corporation and its president, Mervin D. Field, seek a writ of mandate to compel the Superior Court of the City and County of San Francisco to vacate its order granting partial summary judgment in an action for damages for defamation. (Code Civ. Proc., §437c.) The court’s order is not appealable. Since petitioners have no “plain, speedy, and adequate remedy, in the ...
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71 Cal. 2d 117 (1969) In re GEORGE WILLIAM BENNETT on Habeas Corpus. Crim. No. 12972. Supreme Court of California. In Bank. May 14, 1969. Lionel K. Hvolboll, under appointment by the Supreme Court, for Petitioner. Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, Edward A. Hinz, Jr., John Fourt and Edsel W. Haws, Deputy Attorneys General, for Respondent. TRAYNOR...
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This is a proceeding to review a recommendation of a disciplinary board of the State Bar that petitioners be suspended from the practice of law for six months for professional misconduct in violation of their oaths and duties as attorneys and counselors (Bus. & Prof. Code, §§ 6067, 6068, 6103) and wilfully violating rule 2, section a(l) and (2), and rule 3 of the Rules of Professional Conduct. ...
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This is a proceeding to review a recommendation of a disciplinary board of the State Bar that petitioner be suspended from the practice of law for three years, on conditions of probation, including actual suspension for the first six months, and compliance with other terms of probation. Facts-. Petitioner, now 36 years of age, was admitted to practice in this state in 1961. He was charged in a not...
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71 Cal. 2d 153 (1969) 454 P.2d 686 77 Cal. Rptr. 790 THE PEOPLE, Plaintiff and Respondent, v. CHARLES ROBERT COOGLER, Defendant and Appellant. Docket No. Crim. 10591. Supreme Court of California. In Bank. May 28, 1969. *156 Eric A. Rose, under appointment by the Supreme Court, for Defendant and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Gordon ...
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71 Cal.2d 176 (1969) THE PEOPLE, Plaintiff and Respondent, v. NORA MAE HAMILTON et al., Defendants and Appellants. Crim. No. 12642. Supreme Court of California. In Bank. May 28, 1969. Marshall Miles and Alan T. Selznick, under appointments by the Supreme Court, for Defendants and Appellants. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Frederick R. Mil...
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Johnny B. Dapper petitions for a writ of habeas corpus. In August 1966, he was charged with five counts of violating the San Diego Municipal Code: Count 1 [§ 55.30.10], permitting combustible material and debris to accumulate; count 2 [§55.36], allowing rubbish to remain without a permit; count 3 [§ 55.30.7(c)], storing lumber without a permit; count 4 [ § 44.0350], accumulating debris so as to af...
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Following a plea of not guilty to a charge of murder, defendant Robert Sonny Sam was convicted by a jury of involuntary manslaughter. He appeals that conviction; On the evening of November 21, 1966,.defendant was visiting his friend Vincent Michel, who lived in the same apartment building as defendant. He, Michel, the wife of Michel, and Jerry Martin, a friend, were talking and drinking together w...
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71 Cal.2d 214 (1969) In re NATHAN ELMONT ELI on Habeas Corpus. Crim. No. 13131. Supreme Court of California. In Bank. May 28, 1969. Bruce S. Osterman, under appointment by the Supreme Court, and Daniel B. Hunter for Petitioner. Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, Derald E. Granberg and Gloria F. DeHart, Deputy Attorneys General, for Responden...
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The Department of Motor Vehicles and its director seek prohibition to restrain respondent superior court from taking any further action or proceedings in an action against them in which real parties in interest (the vehicle drivers or operators) pray for judgment declaring portions of the financial responsibility laws (§§16080 and 16100 of the Veh. Code 1 ) unconstitutional and void in and of t...
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Plaintiff Abe Boyle brings this action under Code of Civil Procedure section 5441 for- wrongfully withholding property from a levy of garnishment. The crucial question in determining this cause is whether defendant Mari-lee Hawkins possessed or controlled certain funds at the time of the levy. In the superior court, a jury found that defendant possessed such funds at the time of the levy amounting...
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This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar of California in L.A. 29579 that petitioner be suspended from the practice of law for three years and its recommendation in L.A. 29578 that he be disbarred. Questions: First. Does the evidence sustain the finding of culpability on the part of petitioner? Yes. The burden is upon one seeking review of a reco...
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71 Cal. 2d 254 (1969) DANIEL A. HERRERA, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, GOLETA LEMON ASSOCIATION et al., Respondents. L. A. No. 29606. Supreme Court of California. In Bank. June 18, 1969. Ghitterman, Spielman & Steele and Allan S. Ghitterman for Petitioner. Everett A. Corten, Edward A. Sarkisian, Rupert A. Pedrin, Nathan Mudge, T. Groezinger, Loton Wells and G. K. B...
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71 Cal. 2d 261 (1969) ART C. KISTLER et al., Plaintiffs and Appellants, v. ANTHONY D. VASI et al., Defendants and Respondents. Supreme Court of California. June 18, 1969. Hurwitz, Hurwitz & Remer, Robert R. Hurwitz and James B. MacDonald for Plaintiffs and Appellants. Jordan, Dodge & Loveridge, Dodge & Loveridge, Paul F. Loveridge, Henry Hill, Vaverka & Price and Donald R. Pric...
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71 Cal.2d 265 (1969) THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SHASTA COUNTY, Respondent; GARY WYNN CASEBEER et al., Real Parties in Interest. Sac. No. 7840. Supreme Court of California. In Bank. June 18, 1969. Thomas C. Lynch, Attorney General, Edsel W. Haws and Jack R. Winkler, Deputy Attorneys General, for Petitioner. No appearance for Respondent. *266 Jere E. Hurley, Jr., for Rea...
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71 Cal. 2d 276 (1969) JOSEPH E. BURKE et al., Petitioners, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; FIDELITY & DEPOSIT COMPANY OF MARYLAND, Real Party in Interest. Sac. No. 7843. Supreme Court of California. In Bank. June 18, 1969. Roy A. Sharff and Ronald D. Rattner for Petitioners. No appearance for Respondent. Rust, Hoffman & Mills and Michael C. Gessford for Real ...
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71 Cal. 2d 287 (1969) THOMAS EDWARD GREVEN et al., Petitioners, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest. S. F. No. 22635. Supreme Court of California. In Bank. June 18, 1969. D. J. Sposeto for Petitioners. No appearance for Respondent. Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, Robert R. Granucci,...
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71 Cal. 2d 296 (1969) THE PEOPLE, Plaintiff and Respondent, v. ROBERT BERTRAM BENJAMIN, Defendant and Appellant. Crim. No. 13188. Supreme Court of California. In Bank. June 18, 1969. Arthur Lewis for Defendant and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Edward Duddy, Deputy Attorney General, for Plaintiff and Respondent. SULLIVAN, J. ...
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The District Attorney of Los Angeles County filed an information against Wallace Graham, Ernest Shepard, and Judy Shepard, charging them with murder and robbery, both of the first degree. At the conclusion of a joint trial, the jury acquitted Judy Shepard but found defendants and appellants Graham and Ernest Shepard guilty of'murder in the first degree and robbery of the first degree. Following a ...
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71 Cal.2d 332 (1969) THE PEOPLE, Plaintiff and Appellant, v. GWENDOLYN LEE SCOMA, Defendant and Respondent. Crim. No. 12562. Supreme Court of California. In Bank. June 18, 1969. Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, Robert R. Granucci and Gloria DeHart, Deputy Attorneys General, for Plaintiff and Appellant. Sheldon Portman, Public Defender, and...
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I dissent. Although the affidavit of the police officer is, of course, not identical with that involved in People v. Hamilton (1969) a/nte, p. 176 [77 Cal.Rptr. 785, 454 P.2d 681], I disagree with the majority for substantially the same reasons indicated in my dissent in Hamilton, ante, at page 183. There is an additional reason for finding the affidavit for issuance of a warrant adequate here. Th...
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71 Cal. 2d 342 (1969) THE PEOPLE, Plaintiff and Respondent, v. ROBERT BEE HUTCHINSON, Defendant and Appellant. Crim. No. 13154. Supreme Court of California. In Bank. June 18, 1969. Don Edgar Burris, under appointment by the Supreme Court, for Defendant and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Robert T. Jacobs, Deputy Attorney General...
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71 Cal. 2d 352 (1969) THE PEOPLE, Plaintiff and Respondent, v. WENDELL KELLUM, Defendant and Appellant. Crim. No. 13271. Supreme Court of California. In Bank. June 18, 1969. Lloyd B. Egenes, under appointment by the Supreme Court, for Defendant and Appellant. Thomas C. Lynch, Attorney General, Robert R. Granucci and Michael Buzzell, Deputy Attorneys General, for Plaintiff and Respondent. TR...
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71 Cal. 2d 356 (1969) THE PEOPLE Plaintiff and Respondent, v. ROBERT LEE NYE, Defendant and Appellant. Crim. No. 11342. Supreme Court of California. In Bank. June 19, 1969. Molly H. Minudri, under appointment by the Supreme Court, for Defendant and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Ronald M. George, Deputy Attorney General, for Pl...
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71 Cal.2d 379 (1969) In re H. B. SEARS on Habeas Corpus. Crim. No. 12539. Supreme Court of California. In Bank. June 19, 1969. H. B. Sears, in pro. per., and Thomas M. McGurrin, under appointment by the Supreme Court, for Petitioner. Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, Derald E. Granberg and Eric W. Collins, Deputy Attorneys General, for Resp...
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71 Cal.2d 388 (1969) In re JENNIFER GREY ALLEN on Habeas Corpus. Crim. No. 12718. Supreme Court of California. In Bank. June 19, 1969. Marshall W. Krause and Paul N. Halvonik for Petitioner. Thomas C. Lynch, Attorney General, Albert W. Harris, Jr., Assistant Attorney General, and John T. Murphy, Deputy Attorney General, for Respondent. Leon E. Shiells as Amicus Curiae on behalf of Responden...
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Defendant was charged by information with the murder of Los Angeles Police Officer David Seibert and with six prior felony convictions. 1 Motions for change of venue an,d for suppression of evidence were' denied. A jury found defendant guilty of first degree murder and fixed the penalty at death. Motions for new trial and reduction of sentence were denied. This appeal is automatic. (Pen. Code, ...
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71 Cal.2d 394 (1969) THE PEOPLE, Plaintiff and Respondent, v. JERRY LEE O'BRIEN, Defendant and Appellant. Crim. No. 12338. Supreme Court of California. In Bank. June 20, 1969. J. Perry Langford, under appointment by the Supreme Court, and Langford, Langford & Lane for Defendant and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and Norman H. S...
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71 Cal.2d 406 (1969) 455 P.2d 122 78 Cal. Rptr. 186 THE PEOPLE, Plaintiff and Respondent, v. EDWARD VAUGHN, Defendant and Appellant. Docket No. Crim. 12425. Supreme Court of California. In Bank. June 20, 1969. *410 Molly H. Minudri, under appointment by the Supreme Court, for Defendant and Appellant. *411 Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, and Roger E. ...
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Plaintiffs are the named beneficiaries of group insurance on the life of one Cholodenko.1 They appeal from a judgment denying recovery thereon and declaring the insurance contract null and void for fraudulent representations made in the application therefor. As will appear, we have concluded that the judgment should be reversed for failure of defendant to establish its compliance with a contract p...
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In 1967 defendant was indicted for the 1954 murder of Police Officer Francis Rea. A jury found him guilty of first degree murder and fixed the penalty at death. Motions for a new trial and for reduction of the penalty were denied, and defendant’s automatic appeal is now before us. (Pen. Code, § 1239, subd. (b).) Defendant contends (1) the court erred in refusing to give instructions on manslaughte...
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A jury found defendant. guilty of first degree murder and fixed the penalty at death. This appeal is automatic (Pen. Code, § 1239, subd. (b)). Facts; About 9:30 Saturday morning, August 12, 1967, defendant, 40 years of age, called at the home of Mrs. Betty Abron. He was drinking a can of ‘ ‘ Colt' 45 ’ ’ stout malt and carried a paper sack containing two additional unopened cans of “Colt 45." stou...
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71 Cal. 2d 484 (1969) 455 P.2d 811 78 Cal. Rptr. 707 SALVATORE DALUISO, as Executor, etc., Plaintiff and Respondent, v. HARLEY R. BOONE, Defendant and Appellant. Docket No. L.A. 29433. Supreme Court of California. In Bank. June 27, 1969. *485 Wilson, Wilson & Borror and William H. Wilson for Defendant and Appellant. Falcone & Falcone and A.V. Falcone for Plaintiff and Respondent. SULLIVAN...
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This is an automatic appeal, under section 1239, subdivision (b), of the Penal Code, from a judgment imposing the death penalty upon defendant for the first degree murder of Susan Nash. On defendant’s first appeal we affirmed the judgment of guilt but reversed the judgment as to penalty. (People v. Quicke (1964) 61 Cal.2d 155 [37 Cal.Rptr. 617, 390 P.2d 393].) At the second penalty trial the jury ...
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71 Cal. 2d 525 (1969) PATRICK STEPHEN MURRAY MITTON, Petitioner, v. THE STATE BAR OF CALIFORNIA, Respondent. L. A. No. 29611. Supreme Court of California. In Bank. June 30, 1969. Maximilian J. Wiza for Petitioner. F. LaMar Forshee and Herbert M. Rosenthal for Respondent. THE COURT. This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar of California that...
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This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar of California that petitioner be suspended from the practice of law in this state for a period of six months as a result of his having prepared and filed in each of two divorce matters (being handled by him for the same client) an order to show cause and wife’s declaration form,1 knowing that his client’s an...
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71 Cal. 2d 551 (1969) LOS ANGELES TEACHERS UNION, LOCAL 1021, AMERICAN FEDERATION OF TEACHERS et al., Plaintiffs and Appellants, v. LOS ANGELES CITY BOARD OF EDUCATION et al., Defendants and Respondents. L. A. No. 29637. Supreme Court of California. In Bank. June 30, 1969. Levy, DeRoy, Geffner & Van Bourg and Leo Geffner for Plaintiffs and Appellants. John D. Maharg, County Counsel, Alfr...
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71 Cal.2d 551 (1969) 455 P.2d 827 78 Cal. Rptr. 723 LOS ANGELES TEACHERS UNION, LOCAL 1021, AMERICAN FEDERATION OF TEACHERS et al., Plaintiffs and Appellants, v. LOS ANGELES CITY BOARD OF EDUCATION et al., Defendants and Respondents. Docket No. L.A. 29637. Supreme Court of California. In Bank. June 30, 1969. *553 Levy, DeRoy, Geffner & Van Bourg and Leo Geffner for Plaintiffs and Appellants. ...
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71 Cal. 2d 566 (1969) 456 P.2d 645 79 Cal. Rptr. 77 PURDY & FITZPATRICK, Plaintiff and Respondent, v. STATE OF CALIFORNIA et al., Defendants and Appellants. PETER J. MOTSHAGEN, Plaintiff and Respondent, v. STATE OF CALIFORNIA et al., Defendants and Appellants. Docket Nos. L.A. 29602, 29603. Supreme Court of California. In Bank. July 1, 1969. *568 Thomas C. Lynch, Attorney General, and Edward ...
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Otis S. Smith died at the age of 45 on November 24, 1967, as the result of congestive heart failure. The Workmen’s Compensation Appeals Board (hereinafter the board) determined that his injury did not arise out of his employment and that therefore his widow was not entitled to death benefits. She contends in this proceeding that the board erred in its determination because the evidence before it c...
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This is an automatic appeal from the death sentence imposed by the jury on a retrial of the penalty issue. Conviction of murder in the first degree and robbery was affirmed by this court in 1962 (People v. Pike, 58 Cal.2d 70 [22 Cal.Rptr. 664, 372 P.2d 656]; cert.den. 371 U.S. 941 [9 L.Ed.2d 277, 84 S.Ct. 324]). In 1967 in habeas corpus proceedings (In re Pike, 66 Cal.2d 170 [57 Cal.Rptr. 172, 424...
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Defendant appeals from a judgment of the Superior Court of Los Angeles County convicting him upon a jury verdict of first degree murder. (Pen. Code, § 187.) The jury returned the death penalty. As a result, this appeal is automatic. (Pen. Code, § 1239, subd. (b).) On April 22, 1965, we reversed a similar judgment against defendant and his then codefendant because a. confession was admitted into ev...
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Donald Floyd Ketchel and Thomas Edward Sears were found guilty of first degree murder and first degree robbery. The jury imposed the death penalty for the murder.' On appeal, we reversed the judgments insofar as they related to the death penalty. (People v. Ketchel (1963) 59 Cal.2d 503 [30 Cal.Rptr. 538, 381 P.2d 394],)1 Upon retrial, the jury again imposed the death penalty. We reversed these jud...
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71 Cal.2d 659 (1969) 456 P.2d 674 79 Cal. Rptr. 106 EVA BARRERA, Plaintiff, Cross-defendant and Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant, Cross-complainant and Respondent. Docket No. S.F. 22313. Supreme Court of California. In Bank. July 8, 1969. *662 Boccardo, Blum, Lull, Niland, Teerlink & Bell and Edward J. Niland for Plaintiff, Cross-defendant and Appellant....
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71 Cal.2d 683 (1969) 456 P.2d 136 78 Cal. Rptr. 864 THE PEOPLE, Plaintiff and Respondent, v. ALFREDO PACHECO ACOSTA, Defendant and Appellant. Docket No. Crim. 11587. Supreme Court of California. In Bank. July 8, 1969. *684 Alfredo Pacheco Acosta, in pro. per., and Don Edgar Burris, under appointment by the Supreme Court, for Defendant and Appellant. *685 Thomas C. Lynch, Attorney General, Daniel ...
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Petitioner seeks an order permitting him to file a late.notice of appeal pursuant to rule 31(a) of the California Rules of Court. , Rule 31(a) requires that notice of appeal in a criminal case be filed within 10 days after rendition of judgment but empowers appellate courts to grant relief from default in proper cases. This power is to be liberally exercised to protect the right to appeal. (People...
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Petitioner seeks an order permitting him to file a late notice of appeal pursuant to rule 31(a) of the California Rules of Court. Rule 31(a) requires that notice of appeal in a criminal case be filed within 10 days after rendition of judgment but empowers appellate courts to grant relief from default in proper cases. Petitioner has not presented such a case. Petitioner was charged with violatio...
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I dissent. Seiterle contends that it was error under Witherspoon v. Illinois, 391 U.S. 510 [20 L.Ed.2d 776, 88 S.Ct. 1770], to exclude for cause veniremen Cody and Prestwood. However, venireman Cody was properly excluded because her responses made it “unmistakably clear . . . that [she] would automatically vote against the imposition of capital punishment without regard to any evidence that might ...
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71 Cal.2d 709 (1969) THE PEOPLE, Plaintiff and Respondent, v. TINY H. ODOM, Defendant and Appellant. Crim. No. 12803. Supreme Court of California. In Bank. July 16, 1969. Goldberg & Fisher, Arthur F. Fisher and David F. Goldberg for Defendant and Appellant. Thomas C. Lynch, Attorney General, Daniel J. Kremer and Stephen Cooper, Deputy Attorneys General, for Plaintiff and Respondent. TOB...
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Plaintiff appeals from a judgment of dismissal entered after a demurrer to its second amended complaint was sustained without leave to amend. Plaintiff alleged that it is a licensed specialty subcontractor. On November 24, 1965, it submitted by telephone to defendant C. V. Holder, Inc., a general contractor, a subcontract' bid in the amount of $83,400 for the furnishing and installation of acousti...
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Plaintiff was injured in an automobile accident on March 20, 1962, while riding as a guest in the car of Michael James Giesler, who was defendant’s insured. She filed an action alleging that Giesler was guilty of wilful misconduct and intoxication, and defendant filed an answer on Giesler’s behalf, asserting plaintiff’s contributory negligence and assumption of risk as defenses. Giesler failed ...
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71 Cal.2d 745 (1969) THE PEOPLE, Plaintiff and Respondent, v. LAWRENCE WAYNE REDMOND, Defendant and Appellant. Crim. No. 13093. Supreme Court of California. In Bank. Aug. 5, 1969. David C. Marcus for Defendant and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and James H. Kline, Deputy Attorney General, for Plaintiff and Respondent. PETERS, J. ...
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The jury convicted defendant of first degree robbery and of the first degree murder of Police Officer Eugene McKnight in Sacramento on July 23, 1963, and fixed the penalty at death. His appeal is automatic. (Pen. Code, §1239, subd. (b).) Defendant presents manifold contentions relating to his guilt trial, but we do not find prejudicial error in the conduct of the guilt trial. We must reverse the j...
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71 Cal.2d 793 (1969) 457 P.2d 871 80 Cal. Rptr. 31 THE PEOPLE, Plaintiff and Respondent, v. WILLIAM WESTWOOD McCLELLAN, Defendant and Appellant. Docket No. Crim. 11728. Supreme Court of California. In Bank. August 20, 1969. *796 Thomas J. Keenan, under appointment by the Supreme Court, for Defendant and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, an...
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Defendant, Dennis Stanworth, was charged by indictment with, and convicted upon pleas of guilty to, two counts of murder (Pen. Code, § 187) ,1 one count of kidnaping to commit robbery with bodily harm (§2.09), four counts of kidnaping (§207), three counts of forcible rape (§ 261, subd. 3), one count of sexual perversion (§288a), and one count of robbery (§211).2 Pursuant to stipulation the trial c...
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A jury found defendant guilty of first degree murder and fixed the penalty at death. Motions for a new trial and reduction of penalty were denied, and defendant’s automatic appeal is now before us. (Pen. Code, § 1239, subd. (b).) We have now concluded that the judgment as to guilt should be affirmed but that under the compulsion of Witherspoon v. Illinois, 391 U.S. 510 [20 L.Ed.2d 776, 88 S...
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71 Cal.2d 857 (1969) In re BOOKER T. HILLERY, JR., on Habeas Corpus. Crim. No. 12341. Supreme Court of California. In Bank. Aug. 20, 1969. Marvin W. Friedman, under appointment by the Supreme Court, for Petitioner. Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, and Edsel W. Haws, Deputy Attorney General, for Respondent. TOBRINER, J. In his petition for a wri...
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In October 1967 petitioner was convicted in the Contra Costa County Municipal Court of two misdemeanors : violation of Concord Municipal Code sections 41471 *873emaining on another’s property alter being notified by the ner to remove therefrom) and 41282 (distributing hand-,1s on premises of another without his consent). The Appel-;e Department of the Contra Costa Superior Court affirmed, d the Co...
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In these consolidated cases, defendant was charged with one count of attempted robbery and three counts of robbery. It was also charged that defendant had suffered a prior conviction for robbery and that as to each count defendant was armed with a deadly weapon. After a trial without a jury, defendant was found not guilty of two counts of robbery but was found guilty of attempted robbery in the fi...
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Defendant was found guilty of robbery in the first degree. The court also found that defendant was armed with a deadly weapon at the time of the commission of the offense and that defendant on June 3, 1966, had suffered prior convictions of burglary and grand theft. He was sentenced to the state prison. . The Court of Appeal affirmed his conviction. Upon petition for hearing to this court, we gran...
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After a trial without a jury, defendant was found guilty of robbery in the first degree. The court also found that he was armed at the time of the commission of the offense. The court denied probation, sentenced him to imprisonment for the term prescribed by law, ordered a diagnostic study, and retained jurisdiction pursuant to sections 1168 and 5079 of the Penal Code. Defendant has appealed. ...
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Petitioner The Buckeye Boiler Company seeks a writ of mandate to compel the respondent superior *896 court to quash the service of summons upon it in an action f< personal injuries brought by real party in interest Waym; P. Flynt. Involved is the scope of jurisdiction of Californ courts over foreign corporations claimed to be “doing bus ness in this state. ’ ’ (Code Civ. Proc., § 4...
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The Department of Motor Vehicl (Department) appeals from a judgment granting a writ mandate commanding it to set aside a decision denying í application for a motor vehicle dealer’s license. Clifford L. Merrill and Harold E. Morris, dba The Me chandiser, a copartnership (Merchandiser), operate what commonly known as a membership discount house. In additk to selling furniture, appliances and househo...
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A jury found Anthony Jose Robles and Henry Garcia Banuelos guilty of the first degree murder and robbery of Victor Brill and fixed the penalties for Brill’s murder as death for Robles and life imprisonment for Banu-elos. Robles’ appeal is automatic (Pen. Code, §1239, subd. (b).) Banuelos is not aparty to this appeal. Defendant Robles contends that the trial court should not have given an instructi...
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71 Cal.2d 933 (1969) 458 P.2d 43 80 Cal. Rptr. 99 THE PEOPLE, Plaintiff and Respondent, v. GERALDINE JEAN SPENCER, Defendant and Appellant. Docket No. Crim. 13249. Supreme Court of California. In Bank. September 3, 1969. *934 Harry E. Weiss and Leon Mayer for Defendant and Appellant. Thomas C. Lynch, Attorney General, Arnold O. Overoye and Jon A. Shoenberger, Deputy Attorneys General, for Plainti...
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Dr. Leon Phillip Belous was convicted in January 1967, after a jury trial, of abortion, in violation of section 274 of the Penal Code, and conspiracy to commit an abortion, in violation of section 182 of the Penal Code, both felonies. The court suspended proceedings, imposed a fine of $5,000, and placed Dr. Belous on probation for two years. He appeals from the order granting probation. Dr. Belous...
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The litigants here are at odds over whether three financial transactions in which plaintiffs purportedly-leased personal property from defendant were in fact loans at a usurious rate of interest. The trial court concluded that the first two transactions were bona fide leases of personal prop *985 erty but that the third was a loan of money and that the rate of interest was usurious...
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These separate petitions for writs of habeas corpus present common questions as to the lawfulness of petitioners’ confinement at the California State Prison at San Quentin. We therefore proceed to treat them together. Joshua N. Hill and James W. Saunders, petitioners, along with a third codefendant, Ben Madorid, after a joint trial were convicted of murder, assault with intent to commit murder and...
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In 1957 Carlos Haro (hereinafter referred to as defendant) pleaded guilty to possession of heroin (Health & Saf. Code, § 11500) and admitted a September 20, 1955, misdemeanor conviction of use of, or being under the influence of, marijuana (Health & Saf. Code, §11721). The court sentenced him to imprisonment in the state prison for the term prescribed by law. Because of the prior misdemeanor co...
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71 Cal.2d 1031 (1969) In re JOE RAY HUDDLESTON on Habeas Corpus. Crim. No. 12959. Supreme Court of California. In Bank. Sept. 15, 1969. John A. Montag for Petitioner. Thomas C. Lynch, Attorney General, Doris H. Maier, Assistant Attorney General, and Arnold O. Overoye, Deputy Attorney General, for Respondent. TOBRINER, J. In his petition for a writ of habeas corpus, Joe Ray Huddleston (here...
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The People appeal from a judgment of the Superior Court of Mendocino County granting a writ of prohibition restraining the Justice Court for the Ukiah Judicial District from proceeding further against plaintiff Jonathan Todd Byers on count two óf a criminal complaint filed in the justice court against him. Count one of the complaint charged Byers with improper and unsafe passing in violation of se...
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[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 1063 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 1064 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE TH...
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An information was filed charging Robert and Jennifer Edwards with violating Health and Safety Code sections 11530.5 (possession of marijuana for sale) .and 11911 (possession of a restricted dangerous drug for sale). A jury trial was waived, and the case was submitted on the preliminary hearing transcript. The court found defendants guilty on each count. They appeal contending, among other things,...
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71 Cal. 2d 1119 (1969) 459 P.2d 225 80 Cal. Rptr. 897 THE PEOPLE, Plaintiff and Respondent, v. GENE DANIELS and ARCHIE SIMMONS, Defendants and Appellants. Docket No. Crim. 10999. Supreme Court of California. In Bank. October 2, 1969. *1122 Bernard G. Winsberg and Herbert E. Selwyn, under appointments by the Supreme Court, for Defendants and Appellants. Thomas C. Lynch, Attorney General, William E...
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71 Cal.2d 1144 (1969) 458 P.2d 987 80 Cal. Rptr. 747 CLETIS U. WILLIAMS. Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; THE PEOPLE, Real Party in Interest. Docket No. L.A. 29623. Supreme Court of California. In Bank. October 3, 1969. *1145 Robert G. Leff for Petitioner. No appearance for Respondent. *1146 Evelle J. Younger, District Attorney, Harry Wood and Robert J. Lord, D...
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71 Cal.2d 1159 (1969) THE PEOPLE, Plaintiff and Respondent, v. OTIS RONALD COLEMAN, Defendant and Appellant. Crim. No. 12369. Supreme Court of California. In Bank. Oct. 3, 1969. Gerald Z. Marer, under appointment by the Supreme Court, Keogh & Marer and Keogh & Lundgren for Defendant and Appellant. Thomas C. Lynch, Attorney General, Robert R. Granucci, John T. Murphy and Horace Wheatl...
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By indictment Mrs. Leiala Spencer, Kenneth Davis, and defendant Ernest Washington, were jointly charged with the robbery and murder of Benjamin Kay. The trial court granted defendant's motion for a severance, and thereafter a jury found him guilty of first degree murder (Pen. Code, § 187) and first degree robbery (Pen. Code, § 211) and fixed the penalty for the murder at death. The trial court de...
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71 Cal.2d 1170 (1969) 459 P.2d 259 81 Cal. Rptr. 5 THE PEOPLE, Plaintiff and Respondent, v. ERNEST WASHINGTON, Defendant and Appellant. Docket No. Crim. 12403. Supreme Court of California. In Bank. October 3, 1969. *1172 James Martin MacInnis, under appointment by the Supreme Court, for Defendant and Appellant. Thomas C. Lynch, Attorney General, William E. James, Assistant Attorney General, and T...
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71 Cal. 2d 1179 (1969) In re VINCENT HALLINAN on Habeas Corpus. Crim. No. 13216. Supreme Court of California. In Bank. Oct. 3, 1969. Garry, Dreyfus, McTernan & Brotsky, Benjamin Dreyfus and Harold McDermid for Petitioner. Joseph A. Ball, Melvin M. Belli, George E. Bodle, Willie L. Brown, Jr., Grant B. Cooper, LeRoy Hersh, Michael J. Keady, Robert S. Morris, Clinton W. White and A. L. Wir...
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71 Cal. 2d 1186 (1969) 459 P.2d 241 80 Cal. Rptr. 913 THE PEOPLE, Plaintiff and Respondent, v. LOUIS LO CICERO, Defendant and Appellant. Docket No. Crim. 13343. Supreme Court of California. In Bank. October 3, 1969. *1187 T.T. Crittenden, Langford, Langford & Lane and J. Perry Langford for Defendant and Appellant. Thomas C. Lynch, Attorney General, Elizabeth Miller and Lawrence K. Keethe, Dep...
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Defendant appeals from a judgment entered on a jury verdict finding him guilty of the second de*1197gree burglary of a telephone booth (Pen. Code, §459). He contends that his arrest and the search incident thereto were unlawful and that the trial court therefore erred in admitting into evidence certain items seized during the search. Late in the afternoon of December 9,1966, Mrs. Koonce and Mrs. P...
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71 Cal.2d 1200 (1969) EDWARD J. KIRBY, as Director, etc., Petitioner, v. ALCOHOLIC BEVERAGE CONTROL APPEALS BOARD, Respondent; RICHARD CORSETTI, Real Party in Interest. S. F. No. 22622. Supreme Court of California. In Bank. Oct. 21, 1969. Thomas C. Lynch, Attorney General, and L. Stephen Porter, Deputy Attorney General, for Petitioner. Leo K. Gallant for Respondent. J. Bruce Fratis for Real...
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'We review a decision of the Alcoholic Beverage Control Appeals Board (board) which affirmed a decision of the Department of Alcoholic Beverage Control (department) revoking the retail off-sale general liquor license of Samson Market Company (licensee). (See Bus. & Prof. Code, § 23090, et seq.)1 On May 24, 1967, the department filed an amended accusation in two counts against the licensee doing bu...
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We here review a decision of the Alcoholic Beverage Control Appeals Board (board) which affirmed a decision of the Department of Alcoholic Beverage Control (department) suspending the retail ofE-sale general liquor license of Big Boy Liquors, Ltd. (licensee). (See Bus. & Prof. Code, § 23090 et seq.)1 On February 23,1967, the department filed an accusation in two counts against the licensee doing b...
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In May 1962 a court sitting without a jury found defendant guilty of possession of heroin (Health & Saf. Code, § 11500). Before sentencing, the court found that “defendaiit is addicted or by reason of repeated use of narcotics, is in imminent danger of becoming addicted to narcotics,” adjourned the criminal proceedings, and committed defendant for treatment pursuant to Penal Code section 6541.1 In...
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