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PEOPLE v. DEACON

Docket No. 2832.

117 Cal.App.2d 206 (1953)

255 P.2d 98

THE PEOPLE, Respondent, v. JAMES R. DEACON, Appellant.

Court of Appeals of California, First District, Division Two.

April 6, 1953.

Attorney(s) appearing for the Case

Albert E. Polonsky for Appellant.

Edmund G. Brown, Attorney General, Clarence A. Linn, Assistant Attorney General, and Charles E. McClung, Deputy Attorney General, for Respondent.

DOOLING, J.

Appeal from a judgment of conviction of second degree murder and from the order denying a motion for new trial. The principal complaint is the alleged misconduct of both the trial judge and the prosecutor. Also cited are an instruction on first degree murder and the admission of certain evidence.

Dana Clark died of knife wounds on August 12, 1951, in appellant's San Francisco apartment. Deacon and Clark had been friends for a number of years. Clark...

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