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PEOPLE v. FITZGERALD

Docket No. Crim. 6846.

56 Cal.2d 855 (1961)

366 P.2d 481

17 Cal. Rptr. 129

THE PEOPLE, Plaintiff and Respondent, v. STANLEY WILLIAM FITZGERALD, Defendant and Appellant.

Supreme Court of California. In Bank.

November 16, 1961.

Attorney(s) appearing for the Case

Perry M. Farmer, under appointment by the Supreme Court, for Defendant and Appellant.

Stanley Mosk, Attorney General, Doris H. Maier, Assistant Attorney General, and Raymond M. Momboisse, Deputy Attorney General, for Plaintiff and Respondent.

TRAYNOR, J.

Defendant was convicted of murder in the first degree, and the jury fixed the penalty at death. Defendant's motion for a new trial was denied. This appeal is automatic. (Pen. Code, § 1239, subd. (b).)

In a San Francisco bar on the evening of August 2, 1960, defendant overheard M.J. Young and George Bonn, the deceased, discuss a possible trip to Reno, Nevada, to gamble. He offered to drive them there, and they left San Francisco the following...

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