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PEOPLE v. BURDEN

Docket No. 29782.

72 Cal.App.3d 603 (1977)

140 Cal. Rptr. 282

THE PEOPLE, Plaintiff and Respondent, v. JAMES RALPH BURDEN, Defendant and Appellant.

Court of Appeals of California, Second District, Division Three.

August 10, 1977.

Attorney(s) appearing for the Case

COUNSEL

Hugh Peter Bavaro, under appointment by the Court of Appeal, for Defendant and Appellant.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, William R. Pounders and Michael Nash, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

POTTER, J.

In a trial by jury, defendant was found guilty of murder of the second degree because of the death of his son, approximately five months old, caused by malnutrition and dehydration.

Three contentions are presented on this appeal: (1) the admission in evidence of postdeath colored photographs of the emaciated infant constituted prejudicial error; (2) a tape...

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