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PEOPLE v. JOHNSON

Docket No. 5022.

28 Cal.App.3d 653 (1972)

104 Cal. Rptr. 807

THE PEOPLE, Plaintiff and Respondent, v. LORISE JOHNSON, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division One.

November 10, 1972.

Attorney(s) appearing for the Case

COUNSEL

William S. Bannasch, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Edward A. Hinz, Jr., Chief Assistant Attorney General, William E. James, Assistant Attorney General, Jay D. Coulter and Alan S. Meth, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

AULT, J.

On February 10, 1972, Lorise Johnson shot and killed his accomplice, Vanderbilt Austin, during an attempted robbery of an insurance company office in San Diego. Indicted for Austin's murder, and convicted by the court of murder in the first degree, Johnson appeals, contending: (1) The felony-murder rule was inapplicable because: (a) his diminished capacity, brought about through drug ingestion, negated any specific...

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