Opinion · California Supreme Court

In re Brubaker

In re Brubaker, 40 Cal. Rptr. 69 (Cal. 1964)

Type: Opinion
Court: California Supreme Court
Jurisdiction: California
Date: 1964-08-27
Topic: general

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.

Citator

UpLaw has not yet analyzed In re Brubaker. The absence of a flag is not a finding that it is good law.

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.