IN RE: Charles Earl BRUBAKER on Habeas Corpus. (1964)

Supreme Court of California, In Bank.

IN RE: Charles Earl BRUBAKER on Habeas Corpus.

Cr. 8149.

Decided: August 27, 1964

Quentin Ogren and Benjamin Kagan Los Angeles, for petitioner. Stanley Mosk, Atty. Gen., and Robert R. Granucci, Deputy Atty. Gen., for respondent.

The writ is granted as to the penalty trial of petitioner. The remittitur issued in Crim. 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.

PER CURIAM.

McCOMB, J., dissents.

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