In re Brubaker 61 Cal. 2d 889, 394 P.2d 813, 40 Cal.Rptr. 69

61 Cal. 2d 889 • 394 P.2d 813 • 40 Cal.Rptr. 69

40 Cal.Rptr. 69, 394 P.2d 813]

[Crim. No. 8149.

In Bank.

Aug. 27, 1964.]

In re CHARLES EARL BRUBAKER on Habeas Corpus.

Quentin Ogren and Benjamin Kagan for Petitioner.

Stanley Mosk, Attorney General, and Robert R. Granucci, Deputy Attorney General, for Respondent.

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.

In re Brubaker
61 Cal. 2d 889 • 394 P.2d 813 • 40 Cal.Rptr. 69

Case Details

Name
In re Brubaker
Decision Date
Aug 27, 1964
Citations

61 Cal. 2d 889

394 P.2d 813

40 Cal.Rptr. 69

Jurisdiction
California
Court
Supreme Court of California

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