In re Brubaker

California Supreme Court Aug 27, 1964 No. Crim. No. 8149Published

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Holding. The court granted the writ as to the penalty trial, reversed the judgment imposing the death penalty, and remanded the case for a new penalty trial while affirming the judgment in all other respects.

Issues

Whether the judgment imposing the death penalty should be reversed and remanded for a new penalty trial.

Disposition. Affirmed in part, reversed in part, and remanded.

Quotations verified verbatim against the opinion

“the judgment imposing the death penalty is reversed insofar as it relates to the penalty.”

“Petitioner is remanded to the custody of the Superior Court in and for the County of Los Angeles for a new penalty trial.”

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

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